ORDER:

The petitioner had been issued a passport bearing No.L4113090 on 26.08.2013 which had validity up to 14.06.2018. After this passport had expired, the petitioner had again applied for renewal of the passport by an application dated 28.09.2021 vide Application bearing No.21-1006245027. The petitioner had also sought amendment of the date of birth shown in the passport bearing No.L4113090. It is the case of the petitioner that he was born on 15.07.2000 while the date of birth shown in his passport is 15.06.2000. He submits that this error was committed while applying for the initial passport by his parents. This request of the petitioner was not accepted by the respondent Nos.2 to 4 on the ground that there is no such provision available for rectification of the date of birth after a period of 5 years after the issuance of the passport.

2. Sri. S. Rama Lakshmana Reddy, learned counsel appearing for the petitioner would submit that the 1st respondent had issued an office memorandum dated 26.11.2015 giving guidelines with regard to change/correction of date of birth entry in passports held by applicants. He further submits that guideline No.3 permits change of date of birth in a case such as the petitioner and the refusal of the respondents in accepting the change is arbitrary and highhanded.

3. The learned Assistance Solicitor General submits that the date of birth shown in the initial passport was entered into the passport on the basis of a date of birth certificate produced by the parents of the petitioner and as such the material placed by the petitioner before the authorities cannot be accepted. He further reiterates that there is no provision for change of date of birth after 5 years of issuance of a passport.

4. Guideline No.4 (iii) of the office memorandum dated

26.11.2015 reads as follows:

“(iii) The cases where the applicant comes to PIA for change/correction with regard to date of birth in the Passport after a period of five years from the date of issue of passport with alleged wrong date of birth, no such request shall be entertained/accepted by the PIA and be rejected out rightly.

However, an exemption in this regard may be given to an applicant who was minor at the time when passport with alleged wrong date of birth was issued to him. As and when such an applicant after attaining the age of majority applies for the passport with the request to change the date of birth in the passport issued to him when he was minor, the PIA irrespective of the duration of the issuance of passport may accept his case for consideration and if is satisfied with the claim and document(s) submitted by the applicant, may accept his request for change of date of birth in the passport without imposition of any penalty.”

5. The guideline prohibits any application for change/correction with regard to the date of birth in a passport after a period of 5 years from the date of issue of the passport. However, sub-paragraph-iii of paragraph No.4 has an exception to this guideline. The said sub paragraph provides that where a passport has been obtained in the name of a minor, the said minor, after attaining majority is entitled to make such a request and the same should be considered by the passport authority. This guideline is in relation to subsisting passports. However, this Court does not find any reason not to extend the benefit of these guidelines to a case of renewal or re-issuance of a passport. In fact, a case of re-issuance or renewal would stand on a better footing as a fresh application is being made by the petitioner seeking the re-issuance or renewal of a passport. 6. In the circumstances, this Writ Petition is allowed directing the 2nd respondent to re-consider the issue and take a decision as to whether the claim of the petitioner for correction of his date of birth should be accepted or not, on the basis of the material of the petitioner shall place before the 2nd respondent. The petitioner is granted two weeks from today to place al