If you are stuck in such a situation, here is what to do.

Mr. Rohan Sharma, a young student who recently completed his 12th grade, is facing a significant hurdle in his plans to apply for a passport. The issue stems from a discrepancy in his Date of Birth (DOB). His Aadhaar card shows his DOB as 10/05/2005, whereas all his school documents, including the School Leaving Certificate (SLC), correctly state it as 10/09/2005. Rohan was born in Bihar but has been residing in Jaipur since 2011.

He does not possess a birth certificate, which is often the primary document for such corrections. When he visited a local Aadhaar Seva Kendra in Jaipur to get the DOB rectified using his SLC, he was met with resistance. Despite a notice at the Kendra listing the SLC as an acceptable document, the official on duty refused to accept it. Instead, he insisted that Rohan procure a hospital record from his place of birth in Bihar, a task that is practically very difficult for him now. To complicate matters, his e-PAN card, which was generated based on his Aadhaar data, also carries the incorrect DOB. This has left Rohan in a difficult position, unable to proceed with his passport application.

Advice in such cases

Navigating bureaucratic hurdles can be frustrating, but there are established legal and procedural remedies available.

• Gather All Supporting Documents: Collect all official documents that state your correct date of birth. This includes your 10th and 12th-grade mark sheets, School Leaving Certificate (SLC) or Transfer Certificate (TC), and any other educational records.
• Utilize the UIDAI Standard Certificate: The Unique Identification Authority of India (UIDAI) provides a standard certificate format for enrolment/update. You can get this certificate filled out and signed by a Group A Gazetted Officer, who will verify your details against your school records. This is a powerful alternative document.
• File an Official Grievance: If an Aadhaar Seva Kendra official refuses to accept a valid document listed in UIDAI’s own guidelines, you have the right to file a formal complaint or grievance through the official UIDAI portal or helpline.
• File a Declaratory Suit: If all other methods fail, the ultimate legal remedy is to file a civil suit for declaration in a competent court under the Specific Relief Act, 1963. You can request the court to issue a decree declaring your correct date of birth. This court order is a legally binding document that all government authorities, including UIDAI and the Passport Office, must accept.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legal frameworks governing this issue are:

• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: This Act and the regulations made thereunder govern the entire Aadhaar ecosystem, including the process for updating demographic information like the Date of Birth.
• UIDAI’s Official List of Acceptable Documents: UIDAI regularly publishes a list of documents that are valid for verifying and updating information. An Aadhaar Seva Kendra is bound by this list.
• The Specific Relief Act, 1963: Section 34 of this Act allows a person to file a suit for a declaration of their legal character or right. A declaration of the correct date of birth falls under this provision.

If you are the complainant

As the person seeking the correction, you are the applicant or complainant in this process.

• Document Every Interaction: Keep a detailed record of your visits to the Seva Kendra, including dates, times, and the names or identification numbers of the officials you spoke with. Note down the specific reason given for the rejection of your documents.
• Use the Official Grievance Portal: Lodge a formal grievance on the UIDAI website (myAadhaar portal). Clearly state your case, mention that the Kendra is not adhering to the official list of documents, and attach copies of your supporting documents.
• Send a Formal Notice: A lawyer can help you draft and send a formal letter or legal notice to the regional office of UIDAI, highlighting the issue and demanding resolution.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

You are a victim of procedural inefficiency and the arbitrary actions of an official.

• Know Your Rights: You have the right to have your data corrected based on valid documents as prescribed by UIDAI. An official cannot invent new requirements or reject valid documents without proper cause.
• Escalate the Matter: Do not let the issue rest with the front-desk official. Ask to speak with a supervisor or the manager of the Seva Kendra. If that fails, use the official channels to escalate the matter to higher authorities within UIDAI.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no role in matters of Aadhaar data correction. This is a purely civil and administrative issue between you and UIDAI. Approaching the police will not yield any results and is not the correct procedure. Police intervention would only be warranted if there were allegations of criminal activity, such as forgery or the use of fraudulent documents, which is not the situation in a genuine correction case like this.

FAQs people normally have

What evidence is required?

According to UIDAI’s guidelines, any one of the following documents is generally sufficient for a DOB update, especially when a birth certificate is unavailable:

• SSLC Book / Certificate
• Passport (if available with the correct DOB)
• Certificate of Date of Birth issued by a Group A Gazetted Officer on the UIDAI standard format
• Photo ID card with DOB issued by a Recognized Educational Institution
• Marksheet issued by any Government Board or University
• School Leaving Certificate (SLC) / School Transfer Certificate (TC) containing Name and Date of Birth

How long will the investigation take?

This is not a criminal “investigation.” It is an administrative process. A standard Aadhaar update request, if accepted, is usually processed within 5 to 30 days. However, if your request is rejected and you need to file a grievance, the resolution can take a few weeks to a couple of months. If you have to resort to filing a declaratory suit in court, the process can take several months to over a year, depending on the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India