Madras High Court
R.Gayathiri vs The Regional Passport Officer on 16 May, 2013
Author: M.Venugopal
Bench: M.Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 16.05.2013 Coram: The Honourable Mr.Justice M.VENUGOPAL W.P.No.14182 of 2013 and M.P.No.1 of 2013 R.Gayathiri Minor Rep. By mother and natural guardian Padminisi S.Ravisankar .. Petitioner .vs. The Regional Passport Officer The Regional Passport Office Mount Road, Chennai .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondent to receive the passport application of the petitioner viz., R.Gayathirir daughter of Padmini S.Ravisankar and process of the application and issue the passport by using the name of the step father S.Ravisankar in the passport. For Petitioner : Mr.R.Raman Laal For respondent : Mr.C.Kanagaraj Standing counsel O R D E R
Heard Mr.R.Raman Laal, learned counsel for the petitioner and Mr.C.Kanagaraj, learned Standing Counsel appearing for the respondent.
2. According to the learned counsel for the petitioner, the petitioner's mother's first husband name is M.Rangarajan and the said marriage was performed on 22.05.1983 at Chennai. Later, due to divergence of opinion, the petitioner's mother along with her husband filed H.M.O.P.No.134 of 2000 on the file of the learned III Additional Subordinate Judge, Madurai and on 18.04.2001, a decree of divorce was passed in the aforesaid matrimonial proceedings. The custody of the petitioner was given to the wife i.e., Padmini. It is not in dispute that the petitioner was born to her mother (Padmini) and her erstwhile husband viz., M.Rengarajan. It comes to be known that after divorce being granted in H.M.O.P.No.134 of 2000 by the trial court on 18.04.2001, the petitioner's mother got remarried and her husband's name is S.Ravishankar. At the time of admission of petitioner's daughter in school, the step father's name was given and all school records unerringly point out the name of the father or guardian viz., S.Ravishankar.
3. According to the petitioner's mother, her daughter viz., the petitioner herein completed +2 at DAV Girls Senior Secondary School at Chennai. The school is having an arrangement with National University of Singapore to select meritorious student for placement at National University of Singapore. The staff of National University of Singapore came to the school of petitioner and conducted an interview of meritorious students and analysed the grade obtained in the 10th Standard and provisionally selected the petitioner to admit in a course in Astro Physics in National University of Singapore. The National University of Singapore will issue admission slip only on production of passport number.
4. The learned counsel for the petitioner urges before this Court that the petitioner's mother was not successful in registering the application on online in view of the fact that the petitioner's birth certificate reflect the name of the biological father as M.Rangarajan, but the school records reflect the name of the step father viz., S.Ravishankar. Since the petitioner's mother was not successful in registering the application through E.Mail, she met officials of the respondent office on 06.05.2013. The said officials informed the petitioner's mother that unless they get a direction from this Court to use the name of the step father in the passport, it will not be possible for them to issue passport to the petitioner, because the name of the father differs in school records from that of the birth certificate.
5. The petitioner has to furnish the passport number within 27.05.2013. Therefore, there is very much urgency in moving this Court during vacation. If the passport number is not furnished, the petitioner's selection will be cancelled, which will affect her future educational career.
6. This Court taking note of the fact that the petitioner's educational prospect should not be affected and also that the petitioner is to furnish the passport number within 27.05.2013, so as to enable her to admit in the course in Astro Physics in National University of Singapore, on the basis of fair play, equity and even as a matter of prudence, direct the respondent/Regional Passport Officer, Chenai to receive the passport application of the petitioner and process the said application and to proceed further in regard to the issuance of passport by using the name of step father viz., S.Ravishankar in the passport, in the manner known to law and in accordance with law. Further the said exercise is to be done within a period of one week from the date of receipt of a copy of this order.
7. The writ petition is disposed of with the above direction. No costs. Consequently, connected MP is closed.
nvsri To The Regional Passport Officer The Regional Passport Office Mount Road Chennai