Upgrad LLM

rectifying date of birth in sslc as per birth certificate


PREAMBLE: The Date of Birth given to the School at the time of Admission finally gets recorded in the Secondary School Leaving Certificate (SSLC). SSLC is generally used as the Proof of Date of Birth. Especially in India, during earlier times, children not born in hospitals are rarely registered with the government bodies at the time of birth. It is mainly at the time of getting the ward admitted at a school for the first time a convenient Date of Birth, quite often different from the actual, is chosen by the parents/guardians and given.

If a baby is born in an hospital, especially a Govt. one, then apparently the records are maintained for a very very long time unless some unavoidable natural calamities destroyed them. Of recent, with the advent of Internet, information access has become very easy through online portals such as Corporation of Madras. These bodies have started publishing searchable archives of birth records and are made available online.

STATEMENT OF THE PROBLEM: My Birth took place in an Hospital. The Birth records are now available online. Although it does not show my name (since I was not immediately named at the time of birth), the birth certificate is a strong proof I was born to such and such parents at that hospital on that date. The date given in the Birth Certificate is different than the one given in SSLC. Birth Certificate is more authentic and therefore a very useful document; for example, producing a VALID birth certificate is mandatory in USA if a foreign born wishes to become its citizen.

Now that many years have passed since the completion of the SSLC exam, the error in the Date of Birth has propagated to many many other important records. It may be very difficult to alter all of them one by one.

QUERY: I request your expert help in detailing me the systematic legal and administrative procedure by which I could go about rectifying the error step-by-step. I do not want to forfeit my original and authentic Birth Certificate (I may also have to get my name entered against the certificate that represents my birth).

Thank you all in anticipation.

 
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Lawyer in Hyderabad.wats app no.9989324294

You have to file a petition for declaration order in civil courts. 

 
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Kindly elaborate, if possible.

 
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Lawyer

Apply to the School Board for correction with evidence, if they do not entertain, file a suit for declaration through a local lawyer.

 
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Thank you for your kind responses -- I appreciate if you could give details about the courts under whose jurisdiction the case if filed would come under -- the time frame anticipated -- the legal clauses to refer to -- the cost of litigation likely to be incurred -- etc

 
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Advocate

Firstly you may have to obtain the birth certificate from the authority who is authorised to issue the same.  Since the name cannot be registered by that authority you may get a reply letter to your application to register your name in the birth register, along with their inability letter and also a reply refusing to correct your date of birth in the academic certificates by the educational or any other authority you approached with an application; you file a suit to declare your actual date of birth and name in the birth certificate, this you can do it from the place where you are residing and have obtained the birth certificate.  You may take the assistance of a local lawyer.

 
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Scientist/Engineer

If the name is not written in the birth certificate it will be very difficult to establish that it was your birth certificate. How difficult or easy to change your date of birth would depend on your present age and the benefits, if any, that have accrued to you using the date of birth as recorded in your SSLC book, so far. The case of Gen. Singh, though not exactly the same, is relevant here.
 
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Thank you all for the kind responses. More responses, if any, to shed light on this issue are most welcome.

 

Thanking you all once again,

Venkateswaran Srinivasan 

 
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