• Passport reissue on hold

Sir I have gone for reissue of passport to change DOB but my passport got on hold and they have also cancelled my old passport and I think it will also not get approval as they are saying that how could you have different date of birth in your old passport...have u done any fraud for putting wrong date of birth in old passport..

Actually the old passport is something about 10 years ago and at that time there were no Aadhar card and I have given TC certificate which also has wrong date but now I have all correct date in Aadhar, pan card as well as in driving licence but wrong DOB in old passport,tc and 10th marksheet so that's why I wanted to change DOB so that whenever someone check my Aadhar card and passport it would matched...so that's the problem and they are saying that will not issue passport now and police enquiry would also be done so please tell me now what to do to get my passport with new DOB...
Also I have only 2 months left as then I wanted to go for a foreign trip and if I take approval of court them the case will take very long time so please help me now and tell me the quickest way to obtain new passport
Asked 4 years ago in Civil Law

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16 Answers

If passport office refuse to issue you passport with correct date of birth file writ petition in HC fir issue of passport with correct date of birth

2) rely upon birth certificate which reflects correct date of birth

3) you will also need court orders to correct date of birth in your school leaving certificate

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Approach high Court and by way of writ petition seek direction for change in date of birth and 10 mark sheet and certificate provide Date of Birth Certificate as valid proof the high court can provide you speedy relief and also can give direction to change DOB.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your High school certificate is taken for your DOB and that is even accepted by the court even for the ascertainment of the age etc in case of any age dispute.

At the time of issue of passport even before these requirements were mandatory and were used to. This is the question that how you got the passport on the wrong documentation and definitely it attracts inquiry.

Please file a writ in the Rajasthan High court as to direct the ministry of external affairs to correct the date of birth in the passport on the basis of the document provided. Please submit that the date was taken from the TC of the school which was wrongly stated in.

If High court allows the writ you may get the passport of the legal action against you fir getting passport on bogus documents.

Have you traveled and stayed in overseas on the basis of this passport on resident visa?

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) you can apply for and obtain duplicate birth certificate if you have lost the original BC

2) if wrong date is mentioned in BC it has to be rectified

3) do you have hospital discharge certificate mentioning your date of birth ?if so then you can rectify your DON on basis of hospital discharge certificate

4) you would not get your passport in 2 months

5) you would need court orders to direct passport office to issue you passport

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Without the order of court you don't have any other remedy as of now your DOB is in dispute the court can give appropriate direction.

And Birth Certificate, 10 mark sheet or certificate are valid documents for DOB as both are wrong In that case either accept the wrong one and get same changed in Adhaar and other documents as you require the constant DOB.

Or obtain hospital record first get it changed in Birth Certificate based on that change in passport and all the documents.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You should have approached us before going to the passport office for changing the DOB in the Passport.

2. Execute an affidavit before the local 1st Class Judicial Magistrate affirming that inadvertently wrong date of birth was entered by your school while enrolling your name when you were a kid and based on the said wrong entry wrong DOB has been mentioned in your school leaving certificate and also the Passport in place of your correct date of birth being such and such which is now required to be amended by the passport authorities and all the educational authorities and fresh passport and educational certificates mentioning the correct DOB are now required to be issued.

3. You shall have to apply before the passport and the educational authorities for getting issued fresh passport and educational certificates by enclosing the copies of the said Affidavit, with the changed DOB mentioned therein. .

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. How are you saying that the new DOB you are saying is your correct DOB?

2. What is the reason for your claiming so? Do you have any evidence in support of your said claim?

3. If yes, then get the affidavit before the 1st Class Judicial Magistrate affirmed and apply before the said authorities for getting fresh passport with changed DOB as suggested in my earlier post.

4. The entire steps will take a maximum time of 2 days only to be completed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Is there any issue regarding minority or majority of age when you applied for old passport and if not then give an undertaking supported by affidavit to the concerned officials along with a copy to higher official and even then if not issued passport as per the Aadhaar Card details then you can file a declaratory suit or a writ of mandamus

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.9 on 5.0

Dear Client,

As per the revised guidelines, passport issuing authorities (PIAs) have been authorised to consider request of each applicant seeking change in date of birth irrespective of the period that would have lapsed after the issue of the passport.

Even the Rajasthan High Court has ruled -- Date of Birth in Passport can be corrected based on School Leaving Certificate without order of Magistrate:

Can contact for assistance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Even High Court is scared of to issue ex-parte orders against passport authorities due to security reasons of the country. As known to you there are only two options either you have to cancel the trip or impress upon police to submit verification report immediately as required by passport authorities.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

No the case will not take very long.

File a writ of mandamus before the HC under art 226 of the Constitution of India, thereupon seeking direction for the passport authority to issue a passport to you expeditiously.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Disclose before the court the correct facts and produce other documents which mentions your correct date of birth.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also I have only 2 months left as then I wanted to go for a foreign trip and if I take approval of court them the case will take very long time so please help me now and tell me the quickest way to obtain new passport

You have not stated that how could your date of birth differ to your educational certificate to that of the aadhar and pan card which are recent documents?

You may have to provide a satisfactory and convincing reply to the authorities or else you may have to get your correct date of birth declared by a court of law if at all you face problem.

For that you have to provide proper and substantial evidence to court to declare your correct date of birth.

Consult a local lawyer and proceed as per the suggestion made on practical issues.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Sir I don't have birth certificate as I have lost that and in that also wrong date is written and as you are saying to submit petition it will take very much time for approval and I have only 2.5 months as I have to go for a trip....now what to do and I am again mentioning that my correct DOB is on Aadhar card,pan card and driving licence so please help me out...

You cannot make law to dance to your tune.

You should provide satisfactory reason that who this date of birth was changed in your aadhar to that of the educational certificates or birth certificates?

The case before court will take its own time hence you cannot pressurise court to dispose your case immediately due to your foreign commitments.

You may have to postpone your foreign trip due to this.

The remedy for you is only through a court of law.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Hi,

You are suggested to make an affidavit stating all the facts and submit the same to passport issuing authority.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can apply to magistrate and give directions to passport office for renewal of fresh passport.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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