Delhi High Court - Orders
Rachita Francis Xavier vs Union Of India & Ors on 14 December, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1754/2020 & CM APPL. 6133/2020
RACHITA FRANCIS XAVIER ..... Petitioner
Through: Mr. Bhardwaj S. Iyengar, Mr. Vikas
Upadhyay & Mr. Niteen Gaur,
Advocates (M-9910368399)
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC with
Mr. Rahul Sharma & Mr. Prasant
Singh, Adv for R-1-3 (UOI)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 14.12.2022
1. This hearing has been done through hybrid mode.
2. This is a petition under Article 226 seeking quashing of the office memorandum dated 25th October, 2018 issued by the Ministry of External Affairs, and issuance of passport to the Petitioner. The Petitioner in the present case is a minor, whose application for passport has been rejected by Respondent No.3, Regional Passport Officer, Bengaluru, vide order dated 6th November 2019, on the ground that both her parents have acquired US citizenship. The Petitioner is admittedly born in India.
3. Ld. counsel for the Petitioner relies upon the office memorandum no. VI/401/1/1/2018 dated 25th October, 2018 issued by the Ministry of External Affairs which permits minors whose both parents have renounced Indian Citizenship, upon attaining 'full age', to make a declaration that he/she wishes to resume Indian Citizenship and thereupon become an Indian citizen. He submits that the Petitioner is now in the advance phase of senior secondary education and wishes to obtain Indian Citizenship & Indian passport so as to Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:17 enable her to apply for undergraduate studies in foreign universities. If she is made to wait till she attains the age of 18, she may miss out on education opportunities which may be available to her.
4. In light of the factual matrix of the case, the issue that now arises in this matter is as to whether the Petitioner, who is a minor, can give a declaration prior to attaining the 'full age' that she intends to obtain Indian Citizenship and her application can then be considered for obtaining an Indian passport and what is the meaning of 'full age' in the impugned office memorandum.
5. In the opinion of the Court, the impugned office memorandum does not take care of various scenarios which could arise when a minor may wish to obtain Indian Citizenship and an Indian Passport, though, both the parents are foreign nationals.
6. Let instructions in this regard be obtained by Mr. Ahluwalia, CGSC as to whether the age can be relaxed for the purpose of obtaining the declaration under the office memorandum dated 25th October, 2018 under these facts and circumstances of the present case.
7. The Petitioner shall file within two weeks an affidavit giving the details of the school, in which grade the Petitioner is studying, with whom she is staying in Bangalore and her relationship with the said person/s.
8. Copy of the affidavit shall be handed over to Mr. Anurag Ahluwalia, ld. CGSC by 10th January, 2023 in order to enable him to obtain instructions in terms of today's order.
9. The Petitioner may also join through online mode/virtually on the next date of hearing. List on 26th April, 2023.
PRATHIBA M. SINGH, J DECEMBER 14, 2022/dj/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.12.2022 16:45:17