LAWS(APH)-2004-12-91

DURGEMPUDI VENKATA RAGHAVA Vs. PASS POST OFFICER

Decided On December 23, 2004
DURGEMPUDI VENKATA RAGHAVA Appellant
V/S
PASSPORT OFFICER, HYDERABAD Respondents

JUDGEMENT

(1.) heard Sri v. Narasimha Reddy, learned counsel representing the writ petitioner and Mr. A. Rajasekhar reddy, standing counsel for central government- respondent.

(2.) this writ petition is filed for a writ, order or direction, preferably one in the nature of writ of mandamus, directing the respondent herein to rectify the mistake committed in mentioning the date of birth of petitioner as 10-8-1968 instead of 10-8-1969 in the passport No.m.729849, dated 10-11-1992 at hyderabad, and direct the respondent to enter the date of birth of the petitioner as 10-8-1969 in accordance with the date of birth as entered in his s.s.c. certificate issued by board of secondary education, a.p., hyderabad and to pass suitable orders.

(3.) it is averred in the affidavit filed in support of the writ petition that the petitioner passed the computer science engineering in the month of november, 1991. In view of the fact that the petitioner being unemployed and on the advise of his parents to go abroad either for employment or for further studies, petitioner approached the travel agent by name kesineni travels, vijayawada in order to obtain passport. It is farther averred that after taking the particulars of the petitioner together with relevant documents of s.c.c. certificate issued by the board of secondary education, a.p. hyderabad, intermediate certificate issued by board of intermediate education, a.p. as well as degree certificate in computer science engineering issued by university of Madras dated 16-4-1992, the travel agent gave him a pro-forma application form for passport and obtained his signatures on blank application form, as the said travel agent was busy on that dale and as the petitioner was also anxious to reach his native place immediately from vijayawada. It is further stated that while filling up the application form in his absence, the travel agent committed a mistake in mentioning his date of birth and wrongly mentioned as 10-8-1968 instead of actual date of birth 10-8-1969, however, along with the said application form for passport, the travel agent enclosed copies of s.s.c., intermediate and degree certificates and forwarded the same to the concerned passport office for issuance of the passport to the writ petitioner. It is staled that the passport was issued without verifying the date of birth of .the petitioner. The petitioner did not notice the contents of the passports immediately. But, however, while making application for further studies abroad, the petitioner could notice the mistake committed in mentioning his date of birth and soon after noticing the mistake the petitioner approached the respondent and requested him to make necessary rectification with regard to his date of birth mentioned in his passport, since the same would adversely affect his further studies as well as the employment opportunities. However, the petitioner was orally informed by the respondent that unless suitable directions are obtained from a court of law, he cannot make necessary rectification. In the said circumstances, the present writ petition is filed.