SHAIK ALTAF HUSSAIN Vs. JOINT SECRETARY

JUDGEMENT

(1.) The petitioner had obtained a passport bearing No.N2981856 from the office of the 2nd respondent on 20.12.2015. In the application filed for issuance of the passport, the Date of Birth of the petitioner was shown as 10.08.1984. The petitioner contends that he had subsequently found out that the Date of Birth and the name of his father shown in the passport were not correct. In view of these discrepancies, the petitioner filed a representation dated 10.02.2021 for change of his birth date and his father's name as per the certificate issued by the Board of Secondary Education of Andhra Pradesh dated 05.07.2001. However, the 2nd respondent by its letter dated 18.02.2021 had informed the petitioner that the spelling of his father's name and the Date of Birth mentioned was different from the document furnished by the petitioner. The learned counsel for the petitioner is now before this Court on the ground that the respondent authorities instead of giving the petitioner an opportunity to explain all the above discrepancies had expressed its mind not to consider the representation of the petitioner. The petitioner would also rely upon a Judgment of this Court in Ayeshaunnisa vs. Regional Passport Officer , 2007 LawSuit(AP) 388 and submit that the representation of the petitioner would have to be considered in terms of the Office Memorandum of the Ministry of External Affairs bearing No.VI/401/2/5/2001, dated 26.11.2015 which set out the guidelines under which such applications are to be considered.

(2.) Sri T.Niranjan, learned Standing Counsel for respondents, on instructions, submits that the application of the petitioner is belated and cannot be considered.

(3.) In view of the Office Memorandum cited by the petitioner and in view of the Judgment of this Court cited above, the present writ petition is disposed of with a direction to the 2nd respondent to consider the representation of the petitioner dated 10.02.2021 in accordance with the Office Memorandum of the Ministry of External Affairs bearing No.VI/401/2/5/2001, dated 26.11.2015 and take a decision as to whether such a request can be accepted or not within a period of four weeks from the date of receipt of a copy of this order after giving opportunity to the hearing of the petitioner.