SYED SALAHUDDIN Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) This Court ordered notice before admission on 06.12.2006. Heard both the counsel.

(2.) The writ petition is filed for a writ of Mandamus declaring inaction of the respondent in issuing fresh passport changing date of birth of the petitioner as 30.3.1971 instead of 22.4.1969 and insisting the petitioner to approach civil court, as illegal, arbitrary and against the principles of natural justice and pass such other suitable orders.

(3.) It is stated that the petitioner had completed his secondary school education in the year 1988 March. It is also stated that he was born on 30.3.1971 and the same was shown in his secondary school records. It is further stated that he obtained passport-bearing No.B5838549 showing his date of birth as 22.4.1969 instead of his correct date of birth i.e., 30-3-1971 through a passport agent on the basis of notary and the notary is not competent authority to issue date of birth certificate. It is also stated that the petitioner after coming to know the entering of wrong date of birth in the passport, immediately approached the respondent for correction of his date of birth in the passport as per his S.S.C. Memo. But, the respondent refused to do so and insisted him to obtain civil court declaratory order. It is further stated that question of seeking declaration in civil court to amend his date of birth as per S.S.C. Memo certificate issued by the competent authority in the fresh passport arise only when he obtained earlier passport by filing any certificate issued by the Municipal Corporation or any Educational institution and again if he wants to amend the fresh passport, the declaratory decree is necessary as per clause (b) of the Circular dated 18.4.2001 issued by the Government of India.