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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.38958 of 2025

30.12.2025

Between:

Ms. Tayyaba Yousuf Hussain

…Petitioner

AND

The Union of India & two others

…Respondents

ORDER:

The petitioner challenges the action of respondent No.2 in

rejecting her request for correction of her date of birth in her Passport

from 21.07.1983 to 21.05.1986 vide impugned letter dated

21.07.2025, on the ground that such request cannot be entertained

after five years from the date of issuance of the initial passport. The

petitioner seeks a direction to the respondents to consider her request

without reference to the delay and in the light of earlier orders passed

by this Court.

2. Heard Sri Mirza Nisar Ahmed Baig, learned counsel for the

petitioner and Smt. NVR. Rajyalakshmi, learned counsel representing

Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for the

respondents.

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3. Learned counsel for the petitioner submits that the petitioner’s

correct date of birth is 21.05.1986, as reflected in her SSC Marks

Memo and other educational records, and that the entry of

21.07.1983 in her initial passport was incorrect. He submits that

while applying for re-issuance of passport in April 2025, the petitioner

sought for correction of her date of birth, but the same was rejected

solely on the ground of delay. He relies upon the Office Memorandum

dated 22.09.2016, which permits consideration of genuine cases for

change of date of birth even beyond five years, and also relies on the

orders of this Court in W.P.No.13636 of 2022 and W.P.No.11323 of

2023, wherein similar requests for correction of date of birth, based

on educational records, were directed to be considered despite delay.

He further submits that the petitioner’s case is identical and is

entitled to similar treatment.

4. Learned counsel for the respondents submits that as per the

extant Passport Rules and the guidelines, a request for correction of

date of birth cannot be accepted if made after five years from the date

of issuance of the initial passport. She relies on the order of this Court

in W.P.No.2005 of 2025, wherein the writ petition was dismissed on

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the ground that the request for correction of date of birth was made

several decades after issuance of the initial passport. She, therefore,

support the rejection order dated 21.07.2025.

5. The Office Memorandum dated 22.09.2016 specifically provides

that the Passport Issuing Authority (PIA) shall consider the

explanation of each applicant seeking change of date of birth to assess

the genuineness of the claim, even where more than five years have

elapsed from issuance of the passport. It further directs the PIA not to

reject such requests routinely, and to consider the same if a genuine

explanation and authentic supporting documents are furnished.

6. In the present case, the petitioner has produced her SSC Marks

Memo reflecting her date of birth as 21.05.1986, and seeks only a

direction for consideration of her request in the form of appeal, in

accordance with the said guidelines. This Court finds that the

petitioner’s case falls within the ambit of the additional guidelines

issued by the Office Memorandum dated 22.09.2016 and requires

reconsideration by respondent No.2.

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7. In view of the above, the Writ Petition is disposed of with a

direction to respondent No.2 to consider the petitioner’s request in

the form of appeal for correction of her date of birth in her Passport,

strictly in accordance with the additional guidelines contained in

Office Memorandum dated 22.09.2016, and pass appropriate

speaking orders within a period of four (4) weeks from the date of

receipt of a copy of this order, and communicate the same to the

petitioner. No costs.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________

NAGESH BHEEMAPAKA, J

Note:

Issue C.C. by 06.01.2026

Dated: 30.12.2025

B/o. prat

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.389

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