Alamla Harika v. 1. The Union of lndia
Case Details
Petition Under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction, more particularly a writ of Mandamus, declaring the action of Respondents in refusing to correct the Date of Birth of the petitioner in Aadhaar card No. 3247 9309 0032, by recording the correct Date of Birth as 0611212005 instead of 0611212006, as highly illegal, arbitrary, unconstitutional, violative of the petitioner's fundamental rights guaranteed under Articles 21 and 21A of the constitution of lndia, and contrary to Section 31(2) of the Aadhaar Act, 2016 and consequently direct the Respondents to issue a fresh Aadhaar Card to the petitioner by duly correcting her Date of Birth in Aadhaar No. 3247 93Og 0032 as 061'1212005 instead of 0011212006. . l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents to forthwith issue a fresh Aadhaar Card to the petitioner by duly correcting her Date of Birth in Aadhaar No. 3247 9309 0032 as 06/1 zt2}Os instead of 06/1 2t2oo6, pending disposar of the above writ petition. Counsel for the Petitioner : SRI E.SREENIVASA RAO counsel for the Respondents : SMT N.V.R.RAJYALAKSHMI, couNSEL REPRESENTING SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.36619 of 2o25 Dated: o9.L2.2O25 Between: Alamla Harika The Union of India & another AND ORDER: ...Petitioner ...Respondents The petitioner has filed the present writ petition seeking a direction to the respondents to correct her Date of Birth in Aadhaar Card No. 3247 9309 0032 by recording it as 0J.12.2005 instead of
06.12.2006, and to issue a fresh Aadhaar card accordingly.
2. Heard Sri E. Sreenivas Rao, learned counsel for the petitioner and Smt. NVR Rqiyalakshmi, learned counsel representing Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for the respondents.
3. Learned counsel for the peti.tioner submits that petitioner's correct Date of Birth is o6.12.2o0s as reflected in her ss t II I 2 Certificate, Bonafide Certificates, Community Certificate,.and Birth Certificate. He submits that the wrong entry in the Aadhaar occurred due to inadvertent error at the time of enrolment and that she is facing genuine hardship in availing scholarships and other essential services because of the incorrect Aadhaar details. He submits that the petitioner attempted to update her Date of Birth at Aadhaar Seva Kendras, but her request was rejected on the ground that the permissible limit for Date of Birth updates had been exhausted. He further submits that action of the respondents in not carrying out the said correction is arbitrary and violative of Articles 2l and 21A of the Constitution.
4. Learned counsel for the respondents submits that the petitioner initially enrolled with Date of Birth as 06.12.2005 but later updated it to 06. 12.2006 in the year 2OLg, based on a manual declaration authenticated by her father. She submits that as per Unique Identification Authority of India (UIDAI) regulatiorrs, Date of Birth can be updated only once in a lifetime, and the petitioner has already used that option. She submits that a further update is possible only undc^' the Exceptional Handling Mechanism, for which the petitioner must submit a Birth Certificate issued under the Registration of Births and Deaths Act, 1969 along with a self- declaration in the prescribed format. She further submits that the t'L '-qBs$Iiii.: j: 3 petitioner attempted the update using an SSC Memo, which is not an acceptable document for exceptional handling, and therefore her request was rejected. t i
5. On considering the aforesaid submissions, this Court finds that the respondents have not refused correction outright; rather, they have indicated a specific procedure available to the petitione, t for updating her Date of Birth under the exceptional category. If the I petitioner produces the required documents, the respondents are bound to process her request in accordance with law.
6. In view of the above, the Writ Petition is disposed of, granting liberty to the petitioner to submit a Birth Certificate issued under the Registration of Births and Deaths Act, 1969 along with the prescribed self-declaration at any authorized Aadhaar Enrolment Centre, for processing her request for correction of Date of Birth under the Exceptional Handling Mechanism. Upon submission of the said documents, the respondents shall consider and process the petitioner's request strictly in accordance with the AADHAAR (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) ACT, 2016, Regulations, and applicable guidelines, within a period of ten days from the date of such submission. No order as to costs. .!' i Ft \\t\\ I 4 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/-P. P NNA KRISHNA ASSIS A T REGISTRAR ON OFFICER ia, Banda
1. The C.E.O., Union of lndia, Uniq ue ldentification Authorit Sahib Rd Behind Kali Mandir, Gole Market, New Delhi 1 1 2. The Deputy Director General / Regional Officer, Unique ldentification Authority of lndia, Hyderabad Regio nal Office, Having Office at 6th Floor, East Block, Swarna Jayanthi Complex in Ameerpet, HYdera bad, Telangana. Pin 500 038. a. o"" cc'to sRl E.SREENIVASA RAO, Agvq-cate [oPUCI 4 one cc to SRI N.BHUJAN'GXnntjloiFuw sdLtcrron GENERAL oF 5. Two CD CoPies lNDlA. Advocate IOPUC] To \ SA BS aEr <* iAeHE't t)() 0 7 JAit 2026 'v ?' * a HIGH COURT DATED:09/1 212025 ORDER WP.No.36619 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. *