Passport corrections must consider the statutory documents and applicable office memoranda.

J U D G M E N T

The petitioner is the holder of an Indian Passport (Ext.P1). According to the petitioner, his actual date of birth is 07.02.1976 as evident from Exts.P5 to P9 documents. However, the same was wrongly shown as 06.04.1973 in Ext.P1. Though the petitioner has submitted Ext.P2 representation before 2^nd respondent, it is not so far considered. The petitioner states that, as per Ext. P4 Office Memorandum, exemption is granted for correction of the date of birth in cases where the applicant was a minor at the time of issuance of the passport. Accordingly, the petitioner has filed this writ petition for the following reliefs:

1. Issue writ of Mandamus or any other appropriate writ, order or direction to the respondents to take appropriate steps to correct the date of birth of the petitioner in Passport No. Y9543908 from 06.04.1973 to 07.02.1976, based on the statutory documents produced as Exhibits P5 to 9;

2. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider and pass appropriate orders on Exhibit P2 representation submitted by the petitioner, in the light of Exhibit P4 Office Memorandum dated 26.11.2015, within a time frame to be fixed by this Hon’ble Court;

3. Declare that the petitioner is entitled to have his correct date of birth (07.02.1976) in his passport, in light of the entries in the statutory records issued by competent authorities;

2. Heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India for the respondents.

3. The learned Deputy Solicitor General of India, on instructions, submits that the petitioner has not submitted the application in the prescribed format.

4. The learned counsel for the petitioner submits that the petitioner will submit a fresh application for correction of date of birth in Ext.P1 Passport.

In the light of the said submission, it will be open to the petitioner to make appropriate application with all relevant documents before the 3^rd respondent for correction of date of birth in the passport and for its reissue. If such an application is received, the 3^rd respondent shall consider the same, in accordance with law, taking into consideration Ext.P4 office memorandum, as expeditiously as possible, at any rate, within a period of one month thereafter.

The writ petition is disposed of.