THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.13636 of 2022
ORDER:
Heard Sri G.V.L.Murthy, learned counsel for the petitioner and Sri V.Ramesh Reddy, learned Standing Counsel for Central Government appearing for respondent Nos.1 & 2.
2. This writ petition is filed to declare the action of the 2nd respondent in not renewing/issuing fresh passport to the petitioner by making necessary corrections regarding date of birth and place of birth of the petitioner in his passport bearing No.J8970980 as "17.12.2013" "Hyderabad", instead of "17.12.2001", "Tadepalligudem", West Godavari District, pursuant to the judgment and decree in O.S.No.639 of 2016 dated 04.04.2016 on the file of the learned III Junior Civil Judge, City Civil Court, Hyderabad, in spite of the application of the petitioner dated 19.03.2020 as illegal, arbitrary and unilateral and consequently direct the 2nd respondent to issue passport to the petitioner by renewing the passport by incorporating the necessary corrections pursuant to the passport No.J8970980 forthwith.
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W.P.No.13636 of 2022
3. Perusal of record would reveal that the petitioner herein had obtained passport bearing No.J8970980 on 20.10.2011 and it is valid upto 19.10.2016. In the said passport, the date of birth of the petitioner is mentioned as "17.12.2001". According to him, his date of birth is "17.12.2003". In proof of the same, petitioner herein has filed Date of Birth certificate dated 10.03.2016 issued by Greater Hyderabad Municipal Corporation (GHMC) and also copy of Secondary School Certificate (SSC) Marks Memo. He has also filed copy of decree and judgment in O.S.No.639 of 2016 dated 04.04.2016 passed by learned III Junior Civil Judge, City Civil Court, Hyderabad.
4. Petitioner herein has submitted an application dated 09.05.2016 with the 2nd respondent with a request to correct the said date of birth. Vide letter dated 10.08.2017, 2nd respondent requested the petitioner to furnish original documents for verification and process of his application. A similar notice was issued on 09.11.2018 to the petitioner herein stating that if the petitioner is having any documents 3 KL, J W.P.No.13636 of 2022 in proof of his claim, he has to appear and submit on or before 08.12.2018, failing which it will be presumed that he has got nothing to say in the matter and the file will be closed.
5. Despite the same, according to learned counsel for the 2nd respondent, petitioner herein did not appear before the 2nd respondent and submit any documentary evidence. Therefore, the file was closed.
6. Sri V.Ramesh Reddy, learned Standing Counsel for Central Government appearing for the respondents, on instructions, would further submit that suppressing the said fact, the petitioner herein had made another application dated 19.03.2020 with similar request.
7. Vide letter dated 17.09.2020, 2nd respondent has requested the petitioner herein to furnish the information and there is also a suppression of fact etc., and the file was closed.
8. Vide Office Memorandum dated 22.09.2016, the 1st respondent has issued certain guidelines including a 4 KL, J W.P.No.13636 of 2022 guideline that the Passport Issuing Authority shall consider the explanation of each applicant seeking change in the date of birth to find the genuineness of the claim even though more than five years have elapsed after the issue of the passport. The Passport Issuing Authority need not entertain any application in a routine manner for correction of date of birth unless such application is filed along with a genuine explanation explaining the delay in approaching the Passport Issuing Authority. If such an application is filed, the Passport Issuing Authority shall consider the same and take appropriate decision as per the instructions contained in the circulars dated 26.11.2015 and 13.01.2016.
9. Thus, correction of date of birth can be considered even beyond five years of period in case if there is a genuine case and the applicant will be in a position to submit some authenticated document.
10. In view of the aforesaid guidelines and also facts, it is not in dispute that the application submitted by the petitioner was closed since the petitioner herein has not 5 KL, J W.P.No.13636 of 2022 furnished the documents as sought by the 2nd respondent. The petitioner herein has submitted second application on 19.03.2020 with suppression of earlier application submitted by him.
11. However, this Court has gone through the documents produced by the petitioner herein in the present writ petition i.e., Date of Birth Certificate dated 10.03.2016 issued by GHMC and also copy of SSC Marks Memo wherein the date of birth of the petitioner is mentioned as 17.12.2003. It is trite to note that date of birth mentioned in SSC Marks Memo shall be considered as genuine one and authenticated.
12. In view of the said fact and also in view of the guidelines issued by the 1st respondent vide Office Memorandum dated 22.09.2016 stating that correction of date of birth is permissible in genuine case even beyond five years, this Writ Petition is disposed of granting liberty to the petitioner herein to make an application afresh by duly enclosing copy of the said birth certificate issued by GHMC and also copy of SSC Marks Memo within one (01) week from 6 KL, J W.P.No.13636 of 2022 today to the 2nd respondent and on receipt of the said application, 2nd respondent shall consider the same and take appropriate steps in accordance with law. If the petitioner fails to submit the said application and documents relevant within the aforesaid time, his application cannot be considered. If the 2nd respondent is having any clarification from the petitioner, he is at liberty to seek the same and petitioner shall furnish the said documents and also furnish information as sought by the 2nd respondent. There shall be no order as to costs.
13. Miscellaneous petitions, if any, pending, in this writ petition shall stand closed.
___________________ K. LAKSHMAN, J Date: 29.08.2022 Note: Issue C.C. by tomorrow.
(B/o.) KL