• Passport dob

I had applied for a  change of dob in my passport with necessary documents but no positive response from APO.
Need  help 
Kind regards 
Vijay Achari
Asked 7 years ago in Civil Law

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5 Answers

Chnage of date of birth is very dififcult in passport.

So it is better you make an affidavit stating the correct the DOB and rely on it in all future necessities.

However there is no harm in pursuing the matter with the passport authority through proper channel and if that does not yield to any result then file a writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
525 Consultations

Write a representation to the APO to decide the matter and if he fails to respond to the representation you are advised to file a writ of mandamus in the High Court and seek appropriate direction.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

1)have you produced your birth certificate which reflects your actual DOB

2)if no response is received file RTI application as to what action has been taken on your complaint

3) if your application is rejected you would need court orders to direct RPO to issue you passport with changed DOB

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

What was the reason that yor date of birth was entered erroneously?

Was it due to your fault or due to the passport authorities fault?

If the applicant was a major when his/her first passport with incorrect date of birth was issued, he/she can correct it, within five years of issue of the first passport. No change of date of birth is allowed afterwards.

It is pertinent to mention that recently, the High Court of Kerala while

hearing the WP No. 9073 of 201 5 (Jayah-umar Vs vor & others) has delivered a

land-mark judgment on the issue of correction/change of entries regardin g

date/place of birth in the passport. During the course of arguments, the Court

ha s elaborated upon the fact that the details entered in the Passport cannot be • lightly interfered with, that too after many years without any sustainable cause

and without any explanation as to why initially such a wrong declaration was

made and why now a change is sought that too based on a document which

was available with the applicant when the original declaration was made.

Hence, the core principle of the judgment of the High Court of Kerala is

that only the bonafide claims of the applicants for the change/correction of the

date of birth in the passport should be accepted and that too if the same are

submitted by them within a reasonable time limit after the issuance of

passport. In pursu ance of the directions of the High Court, it h as been decided

that henceforth, all the PIA shall follow the following instructions/ guidelines in

order to consider the claims/request the applicant for the change/correction of

entries regarding of date of birth in their passports

Where an applicant claims clerical/technical mistake in the entry

relating to birth/place of birth in the passport and asks for

rectificationl correction:

In all such cases, the documents produced earlier as proof of date

of birth/place of birth at the time of issue of passport may be perused (if

not already destroyed) by PIA. [n case, it is a clerical mistake either by

the applicant or th e P[A, date/place of birth correction may be allowed by

issue of fresh booklet; in the former case by charging fee for fresh

passport and in th latter 'gratis' (same as mentioned in Ministry's

Circular No . VI/401/2/S/2001, dated 29/10/2007).

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

As discussed, wait for some time and then file a writ petition to seek appropriate directions to APO.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

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