Allahabad High Court
ARJUNversusUNION OF INDIA AND 2 OTHERS
- Decided
Holding
The Court held that correction of the date of birth in the Aadhaar card must be pursued through the procedure prescribed under the U.P. Janhit Guarantee Act, 2011, and not by a direct writ order.
Summary
The petitioner filed a writ petition under Article 226 seeking a direction to correct his date of birth in his Aadhaar card from 05.01.2007 to 01.01.2006. The respondent argued that the correction must follow the procedure prescribed under the U.P. Janhit Guarantee Act, 2011, which requires an application to the Sub‑Divisional Magistrate. The Court examined the statutory framework and held that the petitioner cannot obtain a direct court order for the correction; he must first approach the designated authority with supporting documents. Accordingly, the Court disposed of the petition, directing the petitioner to apply to the Sub‑Divisional Officer, after which the prescribed authority must verify and order the correction within six weeks. Subsequent steps were outlined for registration of the corrected birth date and final amendment in the Aadhaar card.
Issues considered
- Whether the High Court can directly order correction of the date of birth in an Aadhaar card under Article 226.
- Whether the petitioner must follow the procedure laid down in the U.P. Janhit Guarantee Act, 2011 for such correction.
Legislation cited
- U.P. Janhit Guarantee Act, 2011
Subjects
- Aadhaar correction
- date of birth
- Article 226
- administrative law
- U.P. Janhit Guarantee Act
- Sub‑Divisional Magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36460 of 2026
Arjun
.....Petitioner(s)
Versus
Union Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Yadav, Prashant Kumar
Singh
Counsel for Respondent(s) : A.S.G.I., Rajesh Tripathi
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Ajay Kumar Yadav, learned counsel for the petitioner and Sri
Rajesh Tripathi, learned penal counsel for the respondent.
2. By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for a direction to the respondents authority to correct
the date of birth of the petitioner as 01.01.2006 in place of 05.01.2007 in
aadhar card bearing No.- 337937962606.
3. It is contended by Sri Rajesh Tripathi, learned panel counsel for the
respondent that there is a standard operating procedure prescribed/ framed
under the U.P. Janhit Guarantee Act, 2011 which prescribed for a party
seeking such correction to approach the Sub Divisional Magistrate by
moving application for necessary correction in the date of birth as Sub
Divisional Magistrate is the prescribed authority in the matter.
4. In view of the above, we dispose of this petition with following
directions:
(i). Petitioner shall immediately apply before the designated authority i.e.
Sub-Divisional Officer concerned with supportive documents and
affidavit for the change in the date of birth in his Aadhar Card.
(ii). Upon such application being moved, the designated Prescribed
Authority under the notification of 2025 shall proceed to do verification
and shall pass final order in the matter within next six weeks' time.
WRIC No. 36460 of 2026
2
(iii). In the event changed date of birth of the petitioner, as desired by the
petitioner, stands verified by the designated Prescribed Authority, the
petitioner will move before the Registrar General (Births and Deaths)
within four weeks to get new date of birth registered by him.
(iv). Upon such application being moved, the Registrar (Births and
Deaths) would do the needful in the matter within four weeks and then
send it to authority concerned for the correction in the Aadhar Card.
Additionally, petitioner would also approach the competent authority for
correction in the date of birth in the Aadhar Card and the authority
concerned will do the needful within next six weeks' time.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 21, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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