P.Aishwarya v. Unique Identification Authority Of India (Uidai)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN P.Aishwarya ... Petitioner Vs.
1.Unique Identification Authority of India (UIDAI), Government of India, Represented by its Director General, Bangla Sahib Road, Behind Kalimandir Gole Market, New Delhi-110 001.
2.Unique Identification Authority of India (UIDAI), Regional Office-Bengaluru, Represented by its Deputy Director General, 3rd Floor, South Wing Khanija Bhavan, No.49, Race Course Road, Bengaluru, Karnataka State-560 001.
3.Aadhar Enrolment Centre, Zonal Office-Madurai, Industrial Estate, K.Pudur, Madurai-625 020.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned online order, dated 25.01.2025 on the file of the first respondent and to quash the same as arbitrary and illegal 1/7
and consequentially direct the respondents to correct the date of birth of the petitioner as "02.05.2006" instead of "02.05.2005" and to pass such further or other order as this Court.
For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India
ORDER
The petitioner seeks for the following relief:- "Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned online order, dated 25.01.2025 on the file of the first respondent and to quash the same as arbitrary and illegal and consequentially, direct the respondents to correct the date of birth of the petitioner as "02.05.2006" instead of "02.05.2005".
2. The claim of the petitioner is that she was born on 02.05.2006. On 05.05.2024, she married one Inbaraja. Soon after the marriage, Inbaraja went back to his place for work at Assam. Inbaraja was working in the Indian Army. On account of an accident, he passed away on 22.12.2024. The petitioner applied for and obtained sanction from the Army Service Corps for family pension on account of the death of her husband. 2/7
3. One of the requirements of obtaining the family pension was that, she had to produce her aadhar card. When she produced her aadhar card, she was shocked to know that the date of birth was mentioned as 02.05.2005 instead of 02.05.2006. Hence, she took efforts to correct the date of birth and aadhar card, so as to obtain one which contains a correct date of birth and thereafter, present the same before the Army Authorities. When she attempted to correct the same, the respondents rejected the attempts stating that there is a mismatch of details in the enrolment / update form and the proof of date of birth document. Hence, this writ petition.
4.
I heard Mr.M.Thirunavukkarasu for the petitioner and Mr.K.Govindarajan for the respondents.
5. Mr.K.Govindarajan, on instructions, reported to this Court that aadhar details cannot be corrected by the Department suo motu but requires the presence of the petitioner at its Regional Office in Bangalore, as the petitioner had exceeded the number of time that aadhar can be corrected. The petitioner by consent, agreed to be present before the aadhar authorities on 24.04.2025. The aadhar authorities pointed out while the application 3/7
was made, the certificate that had been produced as a proof of date of birth is one issued in Delhi and hence, they were not in a position to carry out the amendment sought for.
6. Mr.K.Govindarajan, learned Deputy Solicitor General of India submitted that incase, the date of birth is ascertained and confirmed, then the aadhar authorities will do then in full.
7.
I have carefully considered the submissions of Mr.M.Thirunavukkarasu and Mr.K.Govindarajan. I have gone through the records.
8. The petitioner has produced her birth certificate issued by the Registrar of Births and Deaths, Avadi, dated 23.06.2006. As per this certificate, the petitioner was born at Sir Ivan Stedeford Hospital, Thirumullaivoyal, Chennai. The registration was done within two days of her birth on 04.05.2006. The Secondary School Leaving Certificate issued by the State of Tamil Nadu also points out that the petitioner was born on 02.05.2006. Similarly, the Higher Secondary Certificate issued by the Government of Tamil Nadu points out that the petitioner was born on 4/7
02.05.2006. The unimpeachable records produced by the petitioner point out that she was born on the aforesaid date.
9. The certificate that is available with the aadhar authorities, perhaps is a result of an error, committed by the petitioner. Therefore, on the basis of the Birth Certificate, the Secondary School Leaving Certificate and the Higher Secondary Certificate, I am able to conclude that the petitioner was born on 02.05.2006. The respondents shall issue a modified aadhar certificate accordingly to the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order.
10. This writ petition stands ordered with the above terms. There shall be no order as to costs.
29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 5/7
To 1.The Director General, Unique Identification Authority of India (UIDAI), Government of India, Bangla Sahib Road, Behind Kalimandir Gole Market, New Delhi-110 001.
2.The Deputy Director General, Unique Identification Authority of India (UIDAI), Regional Office-Bengaluru, 3rd Floor, South Wing Khanija Bhavan, No.49, Race Course Road, Bengaluru, Karnataka State-560 001.
3.Aadhar Enrolment Centre, Zonal Office-Madurai, Industrial Estate, K.Pudur, Madurai-625 020.
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V.LAKSHMINARAYANAN, J.
BTR 29.04.2025 7/7