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

Mr. Rohan, a resident of Vikasnagar, was eagerly preparing for his passport application. He had an appointment scheduled at the Regional Passport Office for the upcoming week. As a student at Pragyan University, his original Class 10th certificate, a crucial document for proof of Date of Birth (DOB), was held by the university for academic purposes. To overcome this, he requested a ‘custodian certificate’ from the university administration. This certificate would officially state that the university was in possession of his original document.

Upon receiving the certificate, Rohan noticed a critical omission. Despite his specific instructions, the university clerk had forgotten to mention his Date of Birth on the certificate. Panicked, he wondered if this document would be rejected by the passport officials. He had a photocopy of his 10th certificate and his Aadhar card, but he was unsure if this, along with the incomplete custodian certificate, would be sufficient for the verification process.

Advice in such cases

Facing a bureaucratic hurdle like an incomplete document can be stressful, especially with a fixed appointment. Here is some general advice:

• Get it Corrected: The most straightforward solution is to immediately approach the issuing authority (in this case, the university) and request a revised certificate with all the necessary details, including the Date of Birth.
• Gather Supporting Documents: Always carry additional supporting documents. A clear photocopy of the original document (the 10th certificate), along with other government-issued IDs like an Aadhar card or PAN card, can sometimes help your case.
• Do Not Panic: Passport Seva Kendra (PSK) officials deal with numerous cases daily. Explain your situation calmly and present all the documents you have. They may put your application on hold and give you time to submit the corrected document.
• 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

Passport issuance in India is governed by specific legislation, not criminal codes like the Bharatiya Nyaya Sanhita (BNS). The primary laws are:

• The Passports Act, 1967: This is the principal act that governs the issuance, refusal, and impounding of passports and travel documents in India. Section 5 of the Act deals with the application for passports and the procedure thereof.
• The Passport Rules, 1980: These rules, made under the Passports Act, detail the procedures, forms, and list of documents required for various passport services. The Ministry of External Affairs periodically updates the list of acceptable documents for proof of address and Date of Birth. The 10th-grade certificate is a primary document for DOB proof, and any document issued in its lieu, like a custodian certificate, must contain the essential information it is meant to validate.

If you are the complainant

In this context, the “complainant” is the applicant facing the documentation issue. Here are the steps to take:

• Immediate Action: Go back to the institution that issued the faulty certificate. Clearly state the problem and request a corrected version on an urgent basis.
• Document Everything: Keep a record of your communications. If you send an email requesting the correction, save it. This can be useful if there are delays.
• Prepare for the Appointment: Even if you don’t have the corrected certificate in time, attend your passport appointment. Missing it could lead to further delays. Take the faulty certificate and all other supporting documents with you.
• 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

As the applicant affected by the institution’s error, you need to manage the situation at the Passport Seva Kendra (PSK) effectively:

• Be Honest and Clear: At the verification counter, explain the situation to the official. Show them the incomplete custodian certificate and explain that you have already requested a corrected one from your university.
• Present Alternatives: Provide the photocopy of your 10th certificate and your original Aadhar card. While not a substitute for the primary document, it shows you are making a genuine effort.
• Request for Time: Ask the official if the application can be put on hold, allowing you a specific timeframe (e.g., a week or two) to submit the corrected document without having to start the entire application process again.
• 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 initial document verification is handled by officials at the Passport Seva Kendra (PSK), not the police. The police role typically comes later, during the physical address verification stage. The PSK officials are procedural and bound by the rules set by the Ministry of External Affairs. Their reaction to an incomplete document will likely be:

• Strict Adherence to Rules: They are trained to verify documents against a checklist. If a document meant to prove DOB does not mention the DOB, they will flag it as incomplete.
• Non-Acceptance: It is highly probable that the official will not accept the incomplete custodian certificate as valid proof of DOB.
• Guidance: They will usually inform you about the deficiency and advise you to bring the correct document. They will provide a receipt or acknowledgement mentioning the pending documents.

FAQs people normally have

What is a custodian certificate?
A custodian certificate is an official letter from an institution (like a school, college, or university) confirming that they are in possession of an individual’s original documents. It is often used when an applicant needs to present an original document that is temporarily held by the institution.

Is an Aadhar card and a photocopy of the 10th memo sufficient for DOB proof?
As per the latest rules, several documents are accepted as proof of Date of Birth. While the 10th certificate is a standard proof, an Aadhar Card can also be used. However, it is always best to provide the document you mentioned in your application form. Relying on a photocopy is risky as officials usually require originals or properly attested documents.

Will my application be rejected outright?
It is unlikely to be rejected outright on the first visit. The more common outcome is that the application status will be changed to ‘On Hold’, pending submission of the required complete documents.

What evidence is required?

To resolve this issue, the primary piece of evidence required is:

• A revised and corrected custodian certificate from the university, which clearly mentions your full name, father’s name, and your Date of Birth, and explicitly states that they hold your original Class 10th certificate.

In addition, you must have the following documents ready for verification:

• Your Aadhar card (original and photocopy).
• The passport application receipt.
• Any other documents you mentioned in your application for proof of address.
• A good quality photocopy of the original 10th certificate.

How long will the investigation take?

This is not a criminal “investigation” but a procedural delay in administrative verification. The time taken to resolve this depends entirely on how quickly you can act. Once you submit the corrected and complete document to the Passport Seva Kendra as instructed, your application will be moved to the next stage of processing. The delay is typically the time it takes for you to procure the corrected certificate from your university and resubmit it.

Advocate Sudhir Rao, Supreme Court of India