Dear Sir/s, My actual birth date is 18/01/1975 My DOB mentioned in passport is 18/09/1974 4 months difference.... During my first passport application my Late Father had submitted school related document which was carrying faulty date First passport expired in 2010 I applied for renewal under Tatkal facility & did not bother changing date because I had the opportunity for traveling abroad as official paid trip by company with whom I was affiliated as an employee... And I travelled many a times with this renewed passport Now that renewed passport also expires in 2020 I already started renewal procedure and also visited once at Passport Seva Kendra All 3 section of passport officials were confused and refused my request for changing DOB without any concrete reason etc I showed them two newspapers articles which were published in 2016 - please find below links; https://m.economictimes.com/news/politics-and-nation/process-for-change-in-date-of-birth-in-passport-made-easy/articleshow/55922367.cms https://www.indiatoday.in/pti-feed/story/process-for-change-in-date-of-birth-in-passport-made-easy-[deleted] Basically I genuinely want to rectify my mistake and willing go through all the required procedures irrespective of time & effort and also bear charges if any/ whatever.... Btw, all my other important documents such as Aadhaar, PAN are carrying my actual birth date - I have copy of original birth certificate also with me... I have written above matter via email to higher passport authority and also submitted written complaint in their website - they have acknowledged receipt of complaint but no communication thereafter... My passport request status on website is showing 'On Hold' My question is; 1) Have anyone of you'll noticed my kind of case post 2016 newspaper article, which has been resolved by passport authority - based on that I'll go ahead with all the efforts otherwise it's pointless.. 2) looking at current stage of my passport status what parallel legal paperwork should I go ahead? I only have original birth certificate as proof... should I make an affidavit & newspaper ad as further supporting document... Or as you suggest.. 3) In case I decide not to proceed for changing my birth date OR let's say Passport authorities reject my request after all the efforts & time then what would be the consequences which I will have to face by having two different birth dates on important documents?
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Lawyers are available now to answer your questions.
1) since passport authorities are refusing to change date of birth in your passport file writ petition in Hc to direct RPO to change date of birth in your passport
2) mention that original passport was applied for when you were minor by your father but it does not reflect actual date of birth
3) if no reliefs are granted by Hc you would have passport renewed with date of birth as per expired passport
Now there is no limitation for change of DOB. File RTI and ask for action taken on your DOB change application. Application cannot be out on hold for indefinite period. Some order msut be pass, if adverse order passed, file appeal agasint the order.
All you need to do is to submit written application attaching copy of DOB. Against refusal, you can file appeal and than High Court.
PP office could have raised limitation issue of 5 years but this is now curtailed by MEA. Give them notification.
1.You can get an affidavit executed before a 1st Class Judicial Magistrate affirming that inadvertently incorrect DOB was mentioned in the school related documents by your father which got carried to the application you had submitted for your passport despite the fact that you have the original birth certificate and that the the Passport Authorities are required to issue fresh passport with corrected date of birth.
2. After the affidavit is executed, fresh application for passport shall have to be filed annexing the copy of the said affidavit.
- As per the revised guidelines, passport issuing authorities (PIAs) have been authorized 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 Judgment , in the writ of
Albert Daniel Raj vs The Regional Passport Officer on 24 March, 2016
1. SIr you should file a Writ petition in high court against passport Authorities and MEA.
2. The writ petition should be for Instructing passport authorities for change of DOB as per Birth certificate available with you.
3. Don't disclose that you had knowledge about this mistake during last renewal of passport.
1. The press release is without the valid gazette publication of the proposed hassle free issuance of passport with suitable changes.
However, if you have not received any reply from the passport issuing authority within the stipulate time, you can initiate legal steps by first issuing a legal notice demanding the status of your application and then approach court seeking direction to the passport authorities to issue the passport with rectifications duly carried out.
2. The original date of birth is an authenticated document besides other documents namely aadhar card or EPIC or PAN card etc to prove your statement.
3. You cannot have two different date of birth in two different places or documents.
You can get it corrected through court order.
1. See you can present your birth certificate for record before RPO they will order to change the DOB as as per the circular of passport rules birth certificate is correct and proper document for date of birth.
2. If they fail on submission of birth certificate a writ before the high court can be filed.
3. See there is always issues for differences in DOB you may get issue in visa verification sometime so that's why better to get changed on passport.
As per your query, change the date of birth in the passport, you have to apply for a "Re-issue" of passport and get the specified change done in the personal particulars.
Dear Sir,
An application for re-issue of passport in respect of change in personal particulars will have to be submitted for change in DOB.
But if you are holding current passport with validity and you are applying for changes in DOB than you will be fine a penalty of 5000.00 Rupees for it because you presented wrong showing DOB documents during previous passport issuance. If you have emergency than you can apply now but your application might stuck at RPO and they will cross-verify all DOB documents (Birth certificate/school leaving certificate) and send them to place of issue too. So it may take time up to 6 months approximately.
I advised you to wait till your passport expiry than you can apply for re-issue and also submitted for changes in DOB. If you follow this procedure than skip above steps and will get passport in normal time period.
You can rectify the same by producing correct birth date and affidavit to the passport authority. This should suffice otherwise you need to file a writ petition in HC for the same
