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M. PIRAVI PERUMAL (Advocate & Consumer Rights)     16 November 2010

GUIDE ME PLEASE

I will explain the scenario. A srilankan-tamilian landed in tamil nadu as refugee due to civil war in their country. At that time he was around 7 years. He was admitted at schoool by his parents. At that point to time they have erroenously given wrong date of birth. Now, he after completing his professional course applied for passport. The passport authorities insisted for birth certificate of thee municipal authorities. As now civil war is over he through his friends obtained birth certificate. Only on receipt of the same he noticed that his date of birth is different. Now he has wrong date of birth in his educational records and another correct date of birth in his passport. He apprehends that this may be impediment to his future studies abraod. He is not employed with government or private hospitals. Now guide me how to set right this anamoly. I need serious and conrete guidance please.



Learning

 6 Replies

Raja (XYZ)     16 November 2010

What is his correct date of birth? Municipality or School one?

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     16 November 2010

DOB in municipal records is correct.

Raja (XYZ)     16 November 2010

If you want to change the Birth Record in University papers, you can approach to the concerned university and ask for the same. There are provisions. They will tell you to have some Affidavit and/or to publish the said information in news paper, following you need to pay the fees and file an application for rectification. And they will issue fresh/duplicate certificates. Mind it, in all case, only certificate can be get, not admit or registration card. This process in lengthy. But available!

OR, simply sown in before magistrate about the fact and have an affidavit. Carry always this along with your certificates.

Whenever you are going abroad for study or job, your all papers are well verified from within India and then only you are allowed to go, with proper certification. So, in this case you will not have any problem, so far I think.

R.R. KRISHNAA (Legal Manager)     16 November 2010

Dear Perumal,

 

University authorities cannot correct the date of birth in their records since the wrong date of birth has been recorded in your school itself.    In such case school records have to be corrected first and then you have to approach the university.  So, I suggest you to approach the educational authorities to correct to your name and in the absence of any positive result you may approach the civil court for the following relief.

 

Civil Court has jurisdiction to grant a decree of declaration as to correct date of birth with a direction to defendant authorities to rectify the date of birth in necessary records. 2006(2) Civil Court Cases 523 (A.P.)

 

Best regards.,

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Vishnu Promod Srivastava (TAX CONSULTANT)     17 November 2010

Idiffer with Mr. Raja, however I endorse the views of Mr. Krishnaa.


(Guest)

the correct procedure is to file a suit for declaration of date of birth before the civil court having jurisdiction as to correct the date of birth in the educational records.  In which the school and .college authorities must be added as a parties to suit.

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