The MCD registrar's persistent refusal to completely change your son's name, insisting only on adding an alias, is a frustrating but legally surmountable obstacle. The registrar’s stance is an administrative practice, not an absolute legal bar. Section 15 of the Registration of Births and Deaths Act, 1969, empowers the registrar to correct or cancel an entry if it is found to be erroneous in form or substance. Courts have repeatedly held that there is no absolute prohibition under this provision against making corrections in a birth certificate, including name changes. The Delhi High Court has also affirmed that the right to be identified by one's name is fundamental to an individual's identity. Therefore, a complete replacement of the name is legally permissible, not just the addition of an alias.
Your first step should be to file a formal complaint with the Zonal Deputy Health Officer or the Chief Registrar of Births and Deaths at the MCD. In your application, explicitly cite Section 15 of the Act and request a written, formal rejection order, a "speaking order," from the Raja Garden office detailing their refusal. This written refusal is crucial as it provides the necessary grounds for judicial intervention. If the MCD fails to act or rejects your complaint, you have two primary judicial remedies. You can file a declaratory suit in a competent civil court under the Specific Relief Act, 1963, seeking a declaration that your son's legal name is the new name and directing the registrar to issue a corrected certificate reflecting only that name. Alternatively, you can file a writ petition (mandamus) before the Delhi High Court, seeking a direction to the MCD to change the name in the birth certificate. The High Court has the power to issue such a writ to compel a public authority to perform its duty. This route is often faster and more effective. Given that the passport authorities have already noted this issue, a court order will be the most definitive solution to ensure all your son's future documents are consistent.