File name application with affidavit in the form mentioned with the passport authority. They will rectify the same. If they don't do the needful you need to approach court for appropriate directions
Regarding change of Date and place of birth on passport
Sir, I got my passport issued based on birth cirtificate with wrong date and place of birth submitted by my parents when I was minor which was never used by me.After attaining age of majority and after expiry of my old passport I applied for fresh passport with correct birth cirtificate.Instead passport office renewed my old passport based on old particulars.I want to get my passport corrected through a court order which according to the passport office is the only way forward.Please suggest me how to proceed regarding this. Thank you. Surbhi
Asked 5 years ago in Civil Law
12 Answers
you have to file writ petition in HC to direct passport office to issue you new passport based on your correct date of birth as reflected in your BC
File a writ petition before the high court for direction for the Regional passport office to correct the DOB and place in the passport. High court based on documents shall pass an order in same.
Take your chance by way of attempting to file a writ of mandamus.
I'm afraid that you will be asked to get your DOB corrected on your birth certificate first.
Should I first proceed against local committe instead of RPO which issued my old birth cirtificate to get date and place of birth rectified there to reinforce my claim before court,since the faulty old birth cirtificate is the source for cause of action.. Or Should I file suit against RPO based on latest birth certificate or even Adhaar card as the latter having been recognised as identification document for date of birth recently as per latest Government notification.
Asked 5 years ago
Sir you can opt both ways you can file a application before magistrate for declaration and correction of DOB in birth certificate in records.
Do you have hospital discharge report which reflects your actual date of birth ?
2) if so on said basis your birth certificate can be rectified
For this you will be required to lead evidence in your favour to prove as to how a wrong date was entered before and what is the actual date of birth that your passport should carry. on being satisfied that your stand is correct the court shall direct the said RPO to rectify the date of birth in your passport.
As you are saying that even Adhaar card has now been recognised as identification document for date of birth, recently as per latest Government notification, file a case against RPO directly.
Get in touch with a local lawyer.
A declaration suit will have to be filed, by means of which the DOB will be verified.
Regards
You must first get the DoB corrected on the Birth Certificate, based on which the details in the passport will be changed by the RPO
Normally, when a passporthas been issued on the basis of documents provided by the applicant, the question of change of date and place of birth should not arise.
Application for change of date of birth/place can be entertained by passport office only if:
the entries in the place/date of birth columns have been erroneously made by the original passport issuing authority at the time of issue OR
when the holder of the passport discovers at a later date date that the information submitted by him is incorrect while completing an online application in the service desired field choose option re-issue of pasport.
For that you are required to produce the authentic documents including an affidavit duly attested by a JMFC.
You may consult an advocate in the local and get the same done legally.
Should I first proceed against local committe instead of RPO which issued my old birth cirtificate to get date and place of birth rectified there to reinforce my claim before court,since the faulty old birth cirtificate is the source for cause of actio
You can approach the jurisdictional civil court to declare your correct date of birth and place of birth based on the documentary evidences that you rely upon, once you get a decree, you can use it as an evidence to produce before the passport office for re-issue of passport with correct details in it.
Should I file suit against RPO based on latest birth certificate or even Adhaar card as the latter having been recognised as identification document for date of birth recently as per latest Government notification.
A suit against the RPO may not be maintainable, you consult an advocate in the local and proceed as per the suggestions made.