Telangana High Court
Muchipalli Asutosh Jayanth vs The Government Of India And ... on 29 August, 2022
Bench: K.Lakshman
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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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
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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
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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
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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
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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
