APHC010704962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36654/2025 Between: 1. NALBAND SHAMSHUDDIN, S/O ANWAR BASHA NALBAND, AGED ABOUT 28 YEARS, R/O D.NO. 2/27-4, NANDALUR BUS STAND, NANDALUR, YSR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE UNION OF INDIA, REP BY ITS MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING, RAISINA HILL, NEW DELHI. 110 001 2. 2. THE JOINT SECRETARY PSP AND CHIEF PASSPORT OFFICER, PASSPORT SEVA PROGRAMME DIVISION MINISTRY OF EXTERNAL AFFAIRS, ROOM NO 27, PATIALA HOUSE, TILAK MARG, NEW DELHI. 110 001 3. 3. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE VIJAYAWADA, PASSPORT SEVA KENDRA, HOTEL MID CITY, OPPOSITE ALL INDIA RADIO, M. G. ROAD, VIJAYAWADA, ANDHRA PRADESH. 520 010 4. 4. THE PASSPORT OFFICER, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT, NAD POST, VISAKHAPATNAM, ANDHRA PRADESH. 530 009 2 JS,J W.P.No.36654 of 2025 ...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 toPleased to issue a Writ of Mandamus declaring the action of the 3rd 4th Respondent in not considering the Petitioners application vide no. VJ1074830287922 for renewal/re-issue of Passport No. L4707987 as illegal, arbitrary, and in violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent to complete the process of the renewal/re-issue passport application filed by the Petitioner, by considering the application vide no. VJ 1074830287922, in accordance with the law 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 please Direct the Respondent No 3rd 4th Respondent to consider the Petitioners application vide no. VJ1074830287922 for renewal/re-issue of Passport No. L4707987 by forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. RACHURI LAKSHMIKAR Counsel for the Respondent(S): 1. TENEPALLI NIRANJAN ( SC FOR CENT GOVT) ) This Court made the following: 3 JS,J W.P.No.36654 of 2025 ORDER: The petitioner's date of birth was incorrectly recorded as 12.08.1998 on his passport No. L4707987 issued on 24.10.2008. The passport was renewed from 10.09.2013 to 09.09.2023 valid for ten years. When applying for its renewal on 02.12.2022, the petitioner requested the respondents to correct his date of birth to 14.06.1997, as per his Secondary School Certificate. 2. Sri Rachuri Lakshmikar, learned counsel for the petitioner, states that when the petitioner was a minor at the time of issuing of his initial passport, which was applied for by his father, the entered particulars were carried forward in subsequent renewals. Therefore, a request was made for reissuing the passport to update the date of birth and to match name as those on the SSC certificate. It is submitted that the respondents are legally obliged to ensure the accurate recording of the correct name and date of birth in the passport. Since the Secondary School Certificate issued by the Board of Secondary Education, Andhra Pradesh, constitutes statutory proof. Accordingly, the passport entry should be rectified after a proper inquiry. Moreover, the respondents cannot, based on an Office Memorandum, bar the petitioner from correcting his name and date of birth in the passport. 4 JS,J W.P.No.36654 of 2025 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 India1. 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 correction when authenticated documents establish the actual date of birth. Accordingly, the Court directed the passport authorities to process the correction within eight weeks. 3. This Court has examined the secondary school certificate produced by the petitioner, which records his date of birth i.e., 14.06.1997. 4. It is well established that the name and date of birth recorded in the Secondary School Certificate shall be regarded as genuine and authentic for all purposes. 5. At the time of issuance of his passport, the petitioner was a minor and the passport was renewed on 10.09.2013 remaining valid up to 09.09.2023. 6. Since the petitioner was a minor at the time of passport issuance and the entries were made inadvertently without his knowledge, the his request cannot be rejected. 1 2023 (6) ALD 275 (TS) 5 JS,J W.P.No.36654 of 2025 7. In view of the aforementioned facts and in accordance with the guidelines issued in the Office Memorandum dated 26.11.2015, which permit the correction of the Date of Birth in genuine cases even beyond a period of five years, and upon consideration of the decision of the High Court of Telangana in Zohra Jabeen (supra), the present Writ Petition is disposed of by directing the respondents to consider the petitioner's request for correction of the name and Date of Birth, taking into account his SSC marks memo, and to pass appropriate orders in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. Further, it is open to the respondent authorities to call for the register of births and deaths, which is mandatory for those who were born after 01.01.1989, and compare it with the SSC certificate. No order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM 07.01.2026 RSD 6 JS,J W.P.No.36654 of 2025 THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.36654 of 2025 07.01.2026 RSD