You should directly file for dob correction at the rpo. If passport issued when major within 5 years and if minor then anytime before becoming major or after becoming major.

If the RPO refuses then file a writ petition. 

You have to file writ petition in HC to direct RPO to reissue passport with correct date of birth 

2) rely upon documentary evidence in your possession to prove your client correct date of birth 

 


 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2016

CORAM

	 	 THE HONOURABLE MR. JUSTICE R.SUBBIAH

			Writ Petition No.39958 of 2015

Albert Daniel Raj							... Petitioner 

		

vs.

 

1.The Regional Passport Officer,

 Regional Passport office,

 Royala Tower Nos.2 and 3, IV Floor,

 Old No.785, New No.158, Anna Salai,

 Chennai, Tamil Nadu 600 002.

2.The Assistant Passport Officer,

 Passport Seva Kendra,

 Navins Presidium,

 No.103, Nelson Manickam Road,

 Aminjikarai, Chennai 600 029.				... Respondents

		Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to correct
 the date of birth as 29.01.1988 and Coonoor 
instead of 03.06.1988 and Madras in the petitioner's re-issue passport No.E9662827 File No:MA[deleted] on the basis of the petitioner's representation dated 13.11.2015.

this writ petition, the petitioner sought for a direction to the respondents to re-issue his passport bearing No.E9662827, after correcting the errors crept in, at the instance of his father, with regard to his date of birth and place of birth as '03.06.1988' and 'Madras', instead of '29.01.1988' and 'Coonoor, Nilgiris District' respectively. In support of his claim, the petitioner produced his birth certificate issued by the Coonoor Municipality and SSLC and HSC mark statements issued by the Education Department. Further, the respondents have, in paras 8 and 9 of their counter affidavit, categorically averred that the petitioner's application will be processed in terms of the Ministry's latest office memorandum bearing No.VI/401/2/5/2001 dated 26.11.2015 with regard to change of date of birth and in the light of the order of the High Court made in WP.No.27318 of 2015, with regard to change of place of birth.

6. In view of the above, this Court directs the petitioner to submit a fresh application enclosing the necessary documents, along with a copy of this order to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents are directed to consider the same and pass appropriate orders, with regard to change of date of birth and place of R.SUBBIAH, J rk birth in the passport of the petitioner, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, within a period of six weeks thereafter.

7. The writ petition is disposed of accordingly. No costs.

Application will file before concern RPO for correction and not in court. Aggrieved with decision, can file appeal before appellant authority. and than HC.

No jurisdiction of civil court.

Actually it has to be done by the RPO only by filing proper documents on record for the change in date of birth. If not then you can file writ petition at HC for the same

- 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.
- According to earlier guidelines, request for change of DOB was allowed within five years of issuance of the passport and the entire process was lengthy and cumbersome as it involved lot of paper work.

- Otherwise, if the application for correction is rejected by the PIA , then you should file Writ before the High Court. 

Judgement of Kerala High Court
Nazar vs Union Of India on 27 March, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WP(C).No. 7748 of 2014 (P)
---------------------------

OR  Madras High Court Judgement , in the writ of 

Albert Daniel Raj vs The Regional Passport Officer on 24 March, 2016

Hi,

The case can be filed at Vishakhapatnam and in civil court only. 

The procedure to be followed in this is to first apply for reissue of passport with a request for  change of date of birth in the passport.

You can enclose the requisite documents to prove the correct date of birth.

Let the authorities reject your application citing the reasons as per law for this ac of rejection.

After that you can implead the RPO as respondent and file a writ of mandamus petition before high court of Andhra Pradesh seeking relief based on the documentary evidences you rel;y upon.

There are various citations of judgments delivered by various high courts in this regard which may be cited as precedence while presenting your argument in the  writ petition.

When a legal body holds jurisdiction, it has the authority to administer justice within that jurisdiction. In the court system, there are three primary types of jurisdiction: subject matter, territorial, and in personam jurisdiction.

Section 20 provides for all other cases not covered under any of the foregoing rules.

Jurisdiction As To Subject-Matter
Different courts have been empowered to decide different types of suits. Certain courts have no jurisdiction to entertain certain suits. For examples, suits for testamentary succession, divorce cases, probate proceedings, insolvency matters, etc. cannot be entertained by a Court of Civil Judge (Junior Division). This is called jurisdiction as to subject matter.

I mean, every courts have been allotted the subject over which the court can entertain the matter, and the subject which is not within the preview of the court, that court cannot deal with that matters at all.

File writ petition in high court and direct rpo to reissue passport with correction. 

An incorrect date of birth on passport should be corrected within five years of a passport issued. No change of date of birth is allowed afterwards.

In this case you should file a writ petition before High court against passport office for orders of change in DOB.