• DoB Issue

Dear Sir,

I am facing DoB correction issue in my passport @ RPO Jaipur.

Due to inadvertent error my DoB certificate at local authority was issued with wrong Dob and my parents made my passport when I was minor.

My correct Birthdate is reflected in secondary school certificate, Jacch Baccha Card, Aadhar card and DL. I rectified my DoB at local authority as well ( e-mitra online DoB cert).

In 2015, i applied for DoB rectification, RPO denied and asked me to get declaratory order issued by First Class Magistrate.

I put forwarded reference of S.B.C.Writ Petition No.7873/10 “Piyush Chopra vs. Union of India”, but he denied and closed my file.

Today I went to RPO, Jaipur for fresh passport ( as my file was closed), I have been denied again.As per (S.B.CIVIL WRIT PETITION NO.6598/14) MS. SHILPI VS. UNION OF INDIA & ORS, I should get my passport but he is so stubborn and not ready to hear anything.

Please help.

Thanks & Regards
Mohammed
Asked 1 month ago in Civil Law from Kuwait
Since RPO is refusing to rectify your  date of birth in passport file RTI application as to why your application has been rejected inspite of court orders in similar cases 


2) file writ petition in HC to direct RPO to issue fresh passport with rectified date of birth 
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
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RPO does not rectify the error unless there is a court order to this effect. You can give him thousand references but he will reject them all. What you require is a court order specifically in your favour from the HC. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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since MR Ashish is in jaipur he can file writ petition on your behalf in the HC 

2) you can obtain his contact details from the website

3) RPO will not file any petition . you have to do so as you are aggrieved by decision of RPO  for refusing to correct your DOB in passport
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
5.0 on 5.0
You and not the RPO is the aggrieved party as your passport's renewal has been declined, so the legal remedies are to be availed by you alone. RPO will file no petition. You can set up a consultation with me.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. It is a simple matter.

2. Get an affidavit affirmed by a local 1st class Judicial Magistrate affirming that inadvertently your DOB in your passport  has been mentioned wrongly as something which is required to be corrected by the passport authorites mentioning in your passport a fresh DOB being something else.

3. It will take just one day and after that submit the affidavit affirmed before the said 1st class Judicial Magistrate before the passport authorities who will make the necessary correction in their record and shall issue you a fresh passport with the corrected DOB.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. The above affidavit shall have to be drafted in such a way that it mentions that 'The passport authority is required to correct the DOB mentioned in the passport'.

2. Such corrections of DOB by the passport authorities with the help of such affidavit affirmed before 1st class judicial magistrate is very common.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
I put forwarded reference of S.B.C.Writ Petition No.7873/10 “Piyush Chopra vs. Union of India”, but he denied and closed my file.
Today I went to RPO, Jaipur for fresh passport ( as my file was closed), I have been denied again.As per (S.B.CIVIL WRIT PETITION NO.6598/14) MS. SHILPI VS. UNION OF INDIA & ORS, I should get my passport but he is so stubborn and not ready to hear anything.

The judgments or case files you referred to the passport officer will not bind him in any way.  This is not a court order for your case hence do not venture into such gimmicks. 
If at all you want to establish your rights then you have to approach court, present those judgments before court as precedence and get favorable orders to submit to the passport office who will then oblige. 

Normally, when a passport has been issued on the basis of documents provided by the applicant, the question of change of place and date of birth should not arise. 
Application for change in place/date of birth will be entertained only if 
the entries in the place/date of birth columns have been erroneously made by original passport issuing authority at the time of issue or
where the holder of passport discovers at a later date that the information submitted by him is incorrect.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
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How to initiate filing a petition in court ? Can I initiate or need to wait for RPO to file a petition ?

You can first exhaust the remedy available before the RPO and then plan to initiate the legal process.




How can you help me on this matter ?

You can consult a local lawyer on this aspect.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0

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