HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1211 of 2014 Dated : 22.01.2014 Between:
Chinni Nageswararao, W/o Narasimham .. Petitioner And The Regional Passport office, Rep. by Regional Passport Officer .. Respondent This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1211 of 2014 ORDER :
The case of the petitioner is that the passport bearing No.J4348663 was issued to him on 14.02.2011 which is valid for a period of ten years i.e., till 13.02.2021. In the said passport, his date of birth was entered as ‘02.11.1990’ instead of ‘26.05.1993’. Hence, he submitted an application to the respondent on 16.12.2013 along with the Secondary School Certificate and the birth certificate issued by the Grampanchayat seeking correction of entry of date of birth in the passport records and to issue fresh passport after correction of date of birth.
Learned counsel for the petitioner submits that though the petitioner submitted an application to the respondent on 16.12.2013, so far no orders are passed. He further submits that there is urgency to secure correct passport and if delay is caused in securing the same, great hardship will be caused to the petitioner. He placed reliance on the circular No.VI/401/2/5/01, dated 29.10.2007 issued by the Ministry of External Affairs, according to which, the application submitted by the petitioner is required to be considered.
Learned Standing Counsel for the Central Government submits that the application of the petitioner is not submitted within two years for correction of his date of birth in the passport and therefore, he is not entitled to seek correction of his date of birth.
This Court considered the scope of said circular in W.P.No.27187 of 2012 and by order dated 31.08.2012 held that merely because an application for correction of date of birth is not filed within a period of two years from the date of issuance of passport, the same cannot be rejected and consequently, this Court directed the passport authorities to consider the application of the petitioner for correction of date of birth.
It appears from the averments made in the affidavit filed in support of the writ petition that so far, no decision is taken by the passport authorities on the application submitted by the petitioner.
Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel, this Writ Petition is disposed of directing the respondent- passport authorities to consider the application of the petitioner dated 16.12.2013 basing on the entry made in the Secondary School Certificate and pass appropriate orders within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 22.01.2014 ssp