Telangana High Court
Ms. Karri Poorvika vs The Union Of India on 2 January, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.35003 of 2023
ORDER:
The petitioner approached this Court seeking the relief as under:
"to issue a Writ Order or direction more particularly in the nature of Writ of Mandamus by declaring the inaction of the Respondents to renew or issue Passport to the Petitioner i.e., Ms.Poorvika Karri (Minor) vide Application No.HY1075873851923, dated 13.10.2023 without inclusion of her father name in terms of Passport Manual 2020 Chapter 9 Para-4 (4.3) and (4.9) as arbitrary, illegal, unjust contrary to law, void abinitio, violation of Article 14 and 21 of the Constitution of India apart from being contrary to the various judgements of this Hon'ble court duly setting aside the Letter dated 01.11.2023 and Consequently direct the respondents to renew/issue Passport to Petitioner i.e. Ms.Poorvika Karri (Minor) vide Application No.HY1075873851923 dated 13.10.2023 without inclusion of her father name forthwith without inclusion of her father name and to pass such other order or orders."
2. Learned counsel appearing on behalf of the petitioner refers to the order, dated 19.06.2023 passed in W.P.No.7207 of 2023 and in particular, places reliance on para-8 of the said order and also order dated 13.10.2022 passed in W.P.No.31096 of 2023 and contends that the petitioner is 2 WP_35003_2023 SN,J entitled for similar relief in the present case, since the present case is also based on identical circumstances as thereunder.
3. Learned counsel for the petitioner further contends that the petitioner is the mother and guardian of the minor petitioner and the petitioner had submitted all the required documents including submission of Annexure 'C' which pertains to declaration by the applicant's parent or guardian for issue of passport of minor child but the minor petitioner's father had not given consent. The Regional Passport Authority is not considering the application seeking issue or renewal of the petitioner's passport on the basis of application vide application No.HY1075873851923, dated 13.10.2023 without inclusion of minor petitioner's father's name.
4. Learned counsel representing learned Deputy Solicitor General of India does not dispute the same, but however contends that it may be observed that if any affidavit is required by the department, the petitioner shall undertake to furnish as called for by the Regional Passport Office, Secunderabad.
5. A bare perusal of the order impugned dated 01.11.2023 issued by the 2nd respondent indicates that 3 WP_35003_2023 SN,J the only reason for not considering minor petitioner's passport application is the non-inclusion of father's name. Bare perusal of the relevant rules in terms of passport Manual, 2020 Chapter 9, Para 4 (4.3) and (4.9) read as under:
"3. As per Passports Manual, 2020, Chapter-9, Para-4 (4.3) "Exclusion of Father/Mother name from Passport of minor in Single Parent Custody :-
In case of minor children of married parents, the name of father/mother shall be furnished by the other Single parent having the custody of the child, irrespective of the status of their marriage, such as divorced, divorce pending, separated or deserted, with or without visitation rights to the estranged parent".
4. As per Passports Manual, 2020, Chapter-9, Para-4 (4.9) "Child of unwed Mother :- In case of an unwed mother, and where the father of the child is either known or unknown, the Single unwed parent shall furnish a declaration in Annexure-C and D of Appendix 12, the name of the father should be left blank
6. Taking into consideration the aforesaid facts and circumstances of the case and duly considering the submissions made by the learned counsel representing the learned Deputy Solicitor General of India, and duly considering the view of this Court in its judgment dated 19.06.2023 passed in W.P.No.7207 of 2023 and order dated 13.10.2022 passed in W.P.No.31096 of 2023, whereunder Chapter-9 Para 4(4.6) of Passport Manual, 2020 had been considered earlier by this Court and duly considering Chapter 9, Para 4 (4.3) and 4 WP_35003_2023 SN,J Chapter 9 Para 4 (4.9) (referred to and extracted above), this writ petition is disposed of directing respondent No.2 to consider the case of the minor petitioner (Ms. Poorvika Karri (Minor) to renew or issue the passport of the petitioner applied on 13.10.2023 without Biological father name duly considering Annexure C as per law and procedure provided under Rule 5 read with Annexure 'C' of Part I Schedule III of the Passport Rules, 1980, within a period of one (01) week from the date of receipt of a copy of this order, in accordance to law and duly communicate its decision to the petitioner. It is further observed that respondent No.2 is at liberty to call for any affidavit as required by the respondent-authority for the purpose of considering the petitioner's request as per the provisions of the Passports Act, 1967. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
______________________________ MRS JUSTICE SUREPALLI NANDA Date:02.01.2024 ssm