IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.28931 of 2025 Dated:16.03.2026 Between:

Mr. Joise Thomas Kuzhimattammyalil …Petitioner AND The Union of India & another …Respondents

ORDER:

This Writ Petition is filed seeking to declare the action of Respondent No.2 in refusing to correct the petitioner’s Date of Birth and Place of Birth in Passport No.L8716989, pursuant to Application No.HY1075114331125, on the ground that such correction cannot be permitted after lapse of five years from the date of issuance of the passport, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct respondent No.2 to correct the same.

2. Ms. Vyshnavi, learned counsel representing Sri G. Prem Kumar, learned counsel for the petitioner and Sri Kalvala Sanjeev, learned Standing Counsel for Central Government, for the respondents.

3. Learned counsel for the petitioner submits that the petitioner was actually born on 15.10.1981 at Muttuchira, Kerala, and the said birth is duly recorded in the Birth Certificate issued by the Kaduthuruthy Grama Panchayat. She further submits that due to a clerical mistake at the time of school admission, the petitioner’s Date of Birth and Place of Birth were wrongly entered in the SSC records as 04.04.1982 and Ayamkudy respectively. She submits that subsequently the petitioner approached the competent educational authorities and the Joint Commissioner for Government Examinations, Kerala, by proceedings dated 29.10.2018 corrected the Date of Birth as 15.10.1981 and Place of Birth as Muttuchira. She submits that the petitioner is also in possession of other valid documents such as Aadhaar Card and Birth Certificate reflecting the correct Date of Birth. She submits that despite submission of all the authentic documents, respondent No.2 rejected the request of the petitioner solely on the ground that correction of Date of Birth cannot be permitted after five years from the date of issuance of the original passport, which is mechanical and arbitrary. She further submits that the impugned action of the respondents is illegal, unreasonable and violative of Articles 14 and 21 of the Constitution of India.

4. Learned Standing Counsel appearing for the respondents submits that the petitioner’s original passport was issued in the year 2014 showing the Date of Birth as 04.04.1982, based on the documents furnished by the petitioner at that time. He submits that as per the existing circular instructions, requests for change of Date of Birth after a lapse of five years from the date of issuance of passport cannot ordinarily be entertained. He further submits that the petitioner had signed the passport application and affidavit at the time of issuance of the original passport, and therefore the petitioner is bound by the declarations made therein. He further submits that the impugned letter dated 19.08.2025 rejecting the petitioner’s request was passed in accordance with the applicable circular guidelines.

5. This Court has considered the submissions made by the learned counsel appearing for the parties and perused the material available on record.

6. It is not in dispute that the petitioner has produced a Birth Certificate issued by the competent authority, along with other government-issued documents, reflecting the date of birth as

15.10.1981. The Office Memorandum dated 22.09.2016 clearly provides that even in cases where more than five years have elapsed since the issuance of a passport, the Passport Issuing Authority shall consider the explanation offered by the applicant, assess the genuineness of the claim, and shall not reject such requests in a routine or mechanical manner.

7. In the present case, the impugned letter reveals that the petitioner’s request was rejected solely on the ground of lapse of five years, without examining the genuineness of the explanation or the authenticity of the supporting do