APHC010638652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3459]

(Special Original Jurisdiction)

FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 33088/2025 Between:

1. C HIRALA VEERA REDDY, S/O. CHIRLA VENKATA REDDY, AGED 30 YEARS, OCCUNEMPLOYED, RESIDENT OF D.NO. 2- 29, NEAR PANCHAYAT OFFICE, ALAMURU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. T HE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI -110011. 2.

2. T HE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, NEAR P.F. OFFICE, MARRIPALEM, VISAKHAPATNAM, ANDHRA PRADESH - 530018.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the rejection order dated 02.06.2022 in Ref. VS1073841741921 issued by the 2nd respondent as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution to consequently set aside the said order to direct the 2nd respondent to correct the petitioners date of birth in the passport as 23.06.1994 as per the SSC Certificate and issue a fresh passport accordingly and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider the petitioner's application for correction of date of birth as 23.06.1994 in terms of the SSC Certificate pending disposal of the above writ petition and to pass Counsel for the Petitioner:

1. N SIVA REDDY Counsel for the Respondent(S):

1. JOSYULA BHASKARA RAO(SENIOR PANEL COUNSEL FOR CENTRAL GOVT.)

This Court made the following:

ORDER:

The petitioner's date of birth was mistakenly recorded as 24.07.1988 in his passport bearing No. J1287335, issued by the 2^nd respondent on 23.08.2010, which remains valid for ten years. When applying for its renewal on 08.04.2019, the petitioner requested the 2^nd respondent to correct his date of birth as 23.06.1994, as per his Secondary School Certificate.

2. W.P.No. 27388 of 2021, filed by the petitioner earlier, was disposed of on 13^th December, 2021, directing the 2^nd respondent to consider the representation of the petitioner in connection with the passport bearing No. J1287335 in accordance with the Office Memorandum of the Ministry of External Affairs dated 26.11.2015. However, on 02.06.2022, the 2^nd respondent rejected the petitioner’s claim on the ground of delay. The impugned order of rejection is now being challenged through the present writ petition.

3. Sri N. Siva Reddy, learned counsel for the petitioner, contends that due to lack of knowledge, the petitioner failed to detect the error at the time of issuance of passpaort. A request was subsequently made for reissuance of the passport to align with the DOB as per the SSC certificate. It is further submitted that the respondents are legally mandated to ensure the accurate recording of the correct date of birth in the passport.

Since the Secondary School Certificate issued by the Board of Secondary Education, Andhra Pradesh, constitutes statutory proof, it should be considered for rectification of the passport entry after a proper inquiry. Moreover, the second respondent cannot, on the basis of an Office Memorandum, bar the petitioner from correcting his date of birth in the passport.

i) In support of his contention, the learned counsel relied upon the judgment of the High Court of Telangana at Hyderabad in Zohra Jabeen v. Union of India, 2023 (6) ALD 275 (TS) . The Court, while setting aside the rejection order, directed the passport authorities to consider valid documentary evidence, such as, the Secondary School Certificate, notwithstanding the five-year limit. It was further held that delay alone does not constitute sufficient ground for refusing a correcti