Correction of date of birth in a passport can be considered even after the five-year limit prescribed by administrative guidelines, provided the claim is genuine and supported by authenticated documents and a valid explanation for the delay.

ORDER:

This Writ Petition is filed seeking a direction to Respondent No.2 to correct the petitioner’s date of birth in the passport from 15.08.1980 to 15.07.1985, based on the SSC Memo and Birth Certificate bearing Reg.No.64, dated 20.04.2023 issued by the Registrar of Births and Deaths, Luxettipet Municipality, Mancherial District and also seeks to quash the rejection letter dated 06.06.2024, whereby the request for correction was rejected.

2. Heard Mr.Md.Fasiuddin, learned counsel for the petitioner and Sri Arvind Kumar Kata, learned Standing Counsel for the Central Government appearing for respondent Nos.1 and 2. Perused the record.

3. It is the case of the petitioner that on 3rd April, 2011, he filed an application for renewal of his passport at the Visa Facilitation Services (VFS), Riyadh. Upon issuance of the renewed passport by the Embassy of India, Riyadh, it was noticed that the discrepancy relating to the petitioner’s date of birth remained uncorrected despite submission of the official SSC Memo as valid proof of his correct date of birth. The renewed passport was issued showing the petitioner’s date of birth as 15.08.1980. Thereafter, on 14.07.2023, the petitioner applied for a passport at Mancherial Office and subsequently filed an application vide File No.HY4076496612724 dated 29.04.2024 seeking correction of his date of birth from 15.08.1980 to 15.07.1985 based on his SSC Memo and Birth Certificate. However, the 2nd Respondent, by letter dated 06.06.2024, rejected the request on the ground that correction of date of birth after five years from the issuance of the initial passport in the year 2000 cannot be entertained, whereas it has to be seen that his current passport was issued in 2011. Hence, this Writ Petition.

4. Learned Standing Counsel for the respondents referred to the Office Memorandum dated 22.09.2016 issued by the Joint Secretary (PSP) & Chief Passport Officer, New Delhi. As per the said Office Memorandum, any request for correction/change of entries in the passport after a period of five years from the date of issuance cannot ordinarily be entertained.

5. However, the said Office Memorandum also provides that the Passport Issuing Authority shall consider the explanation of each applicant seeking change of date of birth to ascertain the genuineness of the claim, even if more than five years have elapsed since the issuance of the passport. It further states that such requests shall not be entertained in a routine manner unless supported by a genuine explanation for the delay and authenticated documents. Upon such application being made, the authority is required to consider the same in accordance with the relevant circulars dated 26.11.2015 and 13.01.2016. Thus, correction of date of birth can be considered even beyond the period of five years in genuine cases.

6. In view of the aforesaid guidelines and in view of the circulars dated 26.11.2015 and 13.01.2016 and considering that correction of date of birth is permissible in genuine cases even beyond five years, this Court deems it appropriate to dispose of the writ petition with a direction to the petitioner to submit a fresh application, enclosing all relevant documents in support of his date of birth, within a period of two (02) weeks from the date of receipt of a copy of this order. Upon receipt of such application, the respondents shall consider the same and take appropriate action in accordance with law.

7. With the above directions, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.