Passport
r k singh
(Querist) 12 October 2015
This query is : Resolved
I applied for passport for my wife, 48 year old, at PSK Delhi. She has less than 5 class in education and does not possess any certificate. For date of birth, she submitted affidavit in prescribed format duly attested by notary. On appointment day, passport office insisted that notarized affidavit they will not accept, and required to re-submit with Magistrate signature.
My query is that are they have authority to reject notarized affidavit. As per ministry circular it is acceptable.
Thanks in advance.
Guest
(Expert) 12 October 2015
Definitely the passport authority has the authority to reject a notorised declaration of date of birth.
Having a document notarized means that your signature is officially verified. It does not mean anything else. So, that does not mean that the notary has certified the date of birth to be correct. A Notary is not required to read through the document and evaluate it for you, nor will he alert you to any problems all they do is verify that you have signed a document on such-and-such date.
However, the solution to your problem lies in obtaining school leaving certificate fron the school she last attended, if you are unable to get the affidavit signed by a magistrate.
Rajendra K Goyal
(Expert) 13 October 2015
Get the affidavit attested from magistrate. Not so difficult.
Also submit copy of school leaving certificate as proof.
Obtain copy of birth certificate from registrar at the place of birth as proof.
P. Venu
(Expert) 13 October 2015
In my knowledge, the Magistrate means as Executive Magistrate; SDO is the proper authority in the instant case.
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
Before that you may verify at the foot note of the prescribed affidavit format about the authorised attesting officer to atest the affidavit which will enable you to understand the law involved in it.
r k singh
(Querist) 27 October 2015
As per Passport booklet, the affidavit can be attested by Judicial/Executive magistrate or by Notary. Also as per Ministry circular dated 22/1/2014, affidavit can be attested by any one above. Further, High Court of Gujarat in 2013 directed the passport authorities to accept the affidavits sworn by notaries for all purposes, without any reservation.
My point is that is passport authority has right to choose the options given OR the public has right to choose option. For example if for address proof any one of ten specified documents can be submitted, is passport authority has right to refuse a valid voter card and insist for other document.
r k singh
(Querist) 27 October 2015
As per Passport booklet, the affidavit can be attested by Judicial/Executive magistrate or by Notary. Also as per Ministry circular dated 22/1/2014, affidavit can be attested by any one above. Further, High Court of Gujarat in 2013 directed the passport authorities to accept the affidavits sworn by notaries for all purposes, without any reservation.
My point is that is passport authority has right to choose the options given OR the public has right to choose option. For example if for address proof any one of ten specified documents can be submitted, is passport authority has right to refuse a valid voter card and insist for other document.
K.S.Srinivas
(Expert) 29 October 2015
In respect of address proof any one of ten specified documents can be submitted. The passport authority has no right to refuse.
r k singh
(Querist) 30 October 2015
Sir, exactly my point is as passport authority has no right to refuse any one of ten specified documents for address proof, similarly, they should not have any right to refuse any one of three prescribed mode of affidavit attestation. It if clearly written if passport booklet that Notary is one of the authority for attestation apart from Judicial/executive magistrate. The MEA circular also says it may be attested by any one. Further, High Court of Gujarat in 2013 directed the passport authorities to accept the affidavits sworn by notaries for all purposes, without any reservation.
Are passport authority justified.. what remedy is available to the public. Regards.
r k singh
(Querist) 19 November 2015
Sir, exactly my point is as passport authority has no right to refuse any one of ten specified documents for address proof, similarly, they should not have any right to refuse any one of three prescribed mode of affidavit attestation. It if clearly written if passport booklet that Notary is one of the authority for attestation apart from Judicial/executive magistrate. The MEA circular also says it may be attested by any one. Further, High Court of Gujarat in 2013 directed the passport authorities to accept the affidavits sworn by notaries for all purposes, without any reservation.
Are passport authority justified.. what remedy is available to the public. Regards.
