- (1.) HEARD Smt. Pramada, learned Counsel representing the writ petitioner. Proof of service is filed.
(2.) THE writ petition is filed for a writ of mandamus declaring the action of the respondent in not receiving the application of the petitioner for making the correction of her date of birth in the passport as illegal and arbitrary, and consequently, direct the respondent to receive the application of the petitioner for correction of her date of birth in the passport as 30. 7. 1943 instead of 30. 7. 1942 and pass such other suitable order.
(3.) IN the affidavit filed in support of the writ petition, the petitioner stated that she was born on 30. 7. 1943 in Nagina town, u. P. State, India, and that after her marriage, she had shifted to Hyderabad and has been residing in the address furnished in the affidavit filed in support of the writ petition. It is also stated by the petitioner that the regional Passport Office at Hyderabad issued passport to her in the year 1990, and subsequently, it was renewed in the year 1995, and again in the year 2000, it was renewed with validity upto 2. 3. 2010. The passport number of the petitioner is b-1626371 and the passport office file number is E/3375/00. While applying for the passport, the petitioner submitted her matriculation certificate showing the date of birth. While recording in the passport, the year was wrongly mentioned as 30. 7. 1942, instead of 30. 7. 1943 and that the petitioner without noticing this, had applied for immigration along with her husband to canada, basing on which, herself and her husband reached Toronto, Canada on 7. 11. 1998. The petitioner applied for canadian passport and obtained the same on 18. 6. 2007, and that in the application for immigration and as well as for obtaining the canadian passport, she gave her certificates, wherein her date of birth is clearly recorded in all these documents, including the Canadian passport. Subsequently, the petitioner came to India on 24. 6. 2007 for medical treatment. While undergoing treatment, the petitioner has also applied for registration as overseas citizen of India on 7. 7. 2007. The petitioner sent her completed application to the Ministry of Home Affairs, jaisalmer House, 26 Man Singh Road, new Delhi on 10. 7. 2007, thereafter, she received a reply on 19. 7. 2007 pointing out that her Indian passport needs to be cancelled and valid visa to be applied for staying in india. The petitioner further stated that her husband attended the Ministry of Home affairs, New Delhi on 10. 8. 2007 to obtain visa, and it directed the petitioner to approach the Ministry of External Affairs, Patiala house, CPV Division, New Delhi. The section Officer of PVI Division pointed out the discrepancy in the date of birth of the petitioner as recorded in the Indian passport and requested her to get it corrected before cancelling the Indian passport. It was explained to her that she would be given an identity passport and a permanent visa to stay in India with her correct date of birth, but before that, she was advised to get corrected her date of birth in her indian passport from the Regional Passport office, Hyderabad. The petitioner further stated in Paragraph 4 of the affidavit that basing on the advise given to her by the Section Officer of PVI division, she approached the Regional passport Officer, the respondent herein, for correction of her date of birth in her Indian passport, where the respondent's protocol officer directed her to either approach the civil Court or get the same attested by a first Class Judicial Magistrate endorsing the same on an affidavit given by her. She approached several officers, but there was objection raised with regard to the same. Once again, she approached the respondent wherein she was directed to obtain orders from a competent Court. It is further stated by the petitioner that since her application for overseas citizenship needs to be processed immediately along with her visa, as otherwise her staying in india would be termed as illegal, she is constrained to approach this Hon'ble Court by way of this writ petition seeking appropriate direction to the respondent to consider her case for correction of date of birth in her passport, which will be cancelled by the External Affairs Ministry.;