Allahabad High Court
OM KUMAR AGRAHARI (MINOR)versusUNION OF INDIA AND 2 OTHERS
- Decided
Holding
The Court held that correction of the date of birth in the Aadhaar card must be sought through the prescribed authority under the U.P. Janhit Guarantee Act, 2011, and not by direct judicial direction.
Summary
The petitioner, a minor, filed a writ petition under Article 226 seeking a correction of his date of birth in his Aadhaar card from 07-09-2009 to 07-09-2008. The respondents argued that the correction must follow the procedure laid down in the U.P. Janhit Guarantee Act, 2011, which requires an application to the Sub‑Divisional Magistrate as the prescribed authority. The Court examined the statutory framework and held that the petition cannot be entertained directly; the petitioner must approach the designated authority with supporting documents. Accordingly, the Court directed the petitioner to file an application before the Sub‑Divisional Officer, after which verification and final order must be issued within six weeks. Subsequent steps involving the Registrar of Births and Deaths and the Aadhaar authority were also outlined. The petition was disposed with these directions.
Issues considered
- Whether the High Court can directly order correction of date of birth in Aadhaar or must the petitioner follow the procedure under the U.P. Janhit Guarantee Act, 2011?
- Whether the Sub‑Divisional Magistrate is the prescribed authority for such corrections?
Legislation cited
- U.P. Janhit Guarantee Act, 2011
Subjects
- Aadhaar correction
- date of birth
- Article 226
- U.P. Janhit Guarantee Act
- Sub‑Divisional Magistrate
- statutory procedure
- minor
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38347 of 2026
Om Kumar Agrahari (Minor)
.....Petitioner(s)
Versus
Union Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sujit Kumar Agarwal
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 Sujit Kumar Agarwal, 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 07.09.2008 in place of 07.09.2009 in
aadhar card bearing No.- 512894705924.
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. 38347 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 30, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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