for issuance of a fresh passport with correct date of birth. no need to go for court = Clause (c) of Circular __/401/2/5/2001, dated 18-4-2001, issued by the Ministry of External Affairs, Government of India, inter alia provides as under: “Where the initial entry has been made on the basis of a supportive document issued by one competent authority i.e., School/educational authority and the applicant subsequently requests for a change on the basis of a certificate issued by another competent authority i.e., municipal authorities resulting in conflicting sources of valid proof, the PIA should direct the applicant to obtain a civil order from a competent Court of jurisdiction, certifying the valid date of birth/place of birth.” The respondent is, therefore, directed to receive the petitioner’s application and consider the same in the light of the above-mentioned circular. If the respondent is convinced that the entry of the petitioner’s date of birth in the existing passport is not supported by any certificate issued by the competent authority, he shall consider the Secondary School Certificate of the petitioner, on which she is placing reliance, and issue a fresh passport with the date mentioned in the said certificate as the petitioner’s date of birth. In a converse situation, the respondent shall pass appropriate order and communicate the same to the petitioner. He shall complete this exercise within a period of one month from the date of receipt of the application from the petitioner.

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.3524 of 2013

Dated 06.02.2013

Between:

Sabha Fatima Siddiqui

          …Petitioner

And

The Regional Passport Officer, Secunderabad

          …Respondent

Counsel for the petitioner: Sri Mohammed Zakir Hussain

Counsel for respondent:   --

 

The Court made the following:

                                                                                    

ORDER:                           

          The grievance of the petitioner is that the respondent has not been receiving her application for issuance of a fresh passport with correct date of birth. According to the petitioner, in the passport issued on 02.02.1999, her date of birth was wrongly shown as 27.09.1980. When the petitioner allegedly approached the respondent, the latter’s office refused to entertain the application by insisting that she shall obtain an order from the Court for entertaining such application.

Clause (c) of Circular __/401/2/5/2001, dated 18-4-2001, issued by the Ministry of External Affairs, Government of India, inter alia provides as under:

      “Where the initial entry has been made on the basis of a supportive document issued by one competent authority i.e., School/educational authority and the applicant subsequently requests for a change on the basis of a certificate issued by another competent authority i.e., municipal authorities resulting in conflicting sources of valid proof, the PIA should direct the applicant to obtain a civil order from a competent Court of jurisdiction, certifying the valid date of birth/place of birth.”

          The respondent is, therefore, directed to receive the petitioner’s application and consider the same in the light of the above-mentioned circular.  If the respondent is convinced that the entry of the petitioner’s date of birth in the existing passport is not supported by any certificate issued by the competent authority, he shall consider the Secondary School Certificate of the petitioner, on which she is placing reliance, and issue a fresh passport with the date mentioned in the said certificate as the petitioner’s date of birth. In a converse situation, the respondent shall pass appropriate order and communicate the same to the petitioner. He shall complete this exercise within a period of one month from the date of receipt of the application from the petitioner.

          Subject to the above directions, the writ petition is disposed of.

As a sequel to disposal of the writ petition, W.P.M.P.No.4373 of 2013 shall stand disposed of as infructuous.

________________________

C.V.NAGARJUNA REDDY, J

06^th February, 2013               

GHN