Civil Suit for Place of Birth Correction in Passport

First you will have to file an application before the Registrar of birth and deaths to get your birth certificate, if the concerned office issues a non availability certificate then you will have to file criminal miscelleneous case in the court.  In that case court will direct to enter your date of birth in the birth reigstrar. 

Thanks Rajeev for your reply.However I need to change my Place of Birth in passport as per my birth certificate.Both dont match however the Date of Birth is same.

In  order to get this corrected the Passport authorities have replied back to e-mail by asking a court order from first class judicial magistrate./Sub Divisional Magistrate .I believe to get that I have to file a petition.

experts , Please advice how this can be done.

Alok

alok i hope it is not a judicial order, hope an affidavit attested by Judicial First Class Magistrate. Please reconfirm from the pass port authorities once again.

I agree with Mr. Venugopal. Please check up with authorities.

Thanks

Dear Mr. Alok, Civil suit is different than the order from the judicial magistrate/sub divisional magistrate.So also the word  judicial magistrate and subdivisional magistrate denotes two different authorities.  Sub divisional magistrate denotes the Revenue Divisional Officer, where as judicial magistrate refers the magistrate who is having the power to enquire the criminal cases and on taking into account of judicial note will pass orders under the provisio to Criminal procedure code.  Hence I think that the passport authorities must have been asked you to get the orders from the Revenue Divisional Officer/Sub Divisional Magistrate, wjho will be the officer in revenue department, having accessibility to verify the records pertaining to your nativity.

This is in continuation of earlier reply, you may also file the civil suit by seeking the relief of decleration for your original native place with all the necessary documentary evidences.  It will take nearly an year for the conclusion of such civil suit.

Hello All

I have been doing research on this topic.I actually got some inputs and would like to get inputs from legal experts

1. In Civil Writ Appeal No.13722/2007 , Punjab & Haryana High court  Court was of the view that if there is a conflict between the entries in the birth Certificate issued by the Registrar of Births and Deaths and the entry of birth in a school leaving certificate, the entry in the birth certificate issued by the Registrar of Births and Deaths would prevail and except where the certificate is unreliable suspicious or appears to be procured or manipulated, parties should not be relegated to civil Courts in a mechanical manner. Ministry of External Affairs even issued  Circular No.VI/401/2/5/001 issued on 29 Oct 2007 and then revised instructions on 15 Jan 2008 based on above judgements.I do not know why then the Passport Authorities are asking for a court order even when there is a court directive and a circular from MEA. I would like to know how can I get a copy of the MEA circular . I searched it online could not find it. 
2. I have not got any order yet but I have get my affaidavit attested by a executive magistrate , Do you think it would be a good idea to give it shot with  above affaidavit and try to convince APO/RPO with the above documentation.

Awaiting your replies.

Thanks,

Alok 

Hello

Can anyone of tell me how to obtain the above circulars issued by Ministry of External Affairs.They have been referred in various forums but nowhere I can find a actual document.

Thanks,

alok

Dear Mr. Alok,

                          U can get the copy of the order from the MoEA under the proviso of Right to Information Act, 2005 by quoting the particular circular No.

Dear Mr. Venugopa and Mr. Chabbra, you are correct recently one of the RPO's asked me to get atleast an affidavit attested by JFMC, but I was told that JFMC's do not attest any affidavits and hence being asked to file a civil suit. Can you pl. confirm that JFMC or MM or CMM actually do affidavit's.  

Alok, I cited the same reference to RPO, but he said there is a statement in the circular that 'if the RPO is satisfied by the evidence'. To avoid any issues in future they are still sending everyone to the court on the basis that they are not comfortable with the evidence. Let us know your experience.