Allowed

Yogesh Bhatia v. Union of India

Delhi HC4 May 2018W.P.(C)/4703/2018

Case brief

AI extract

What is this about?

The Court allowed the petition granting liberty to the petitioner to apply for a passport by disclosing biological parents ' names alongside a representation explaining that deceased relatives ' names were erroneously recorded in his school and education documents due to peculiar family circumstances.

What did the court decide?

Liberty to file passport application with biological parents ' names and a representation explaining the erroneous recording of deceased relatives ' names; respondent to pass a speaking order within s

Yogesh Bhatia Vs Union of India — Pension and Retirement Benefits | Delhi HC (2018)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 4703/2018 YOGESH BHATIA ..... Petitioner

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Through Ms. Gurmeet Bindra, Adv.

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versus

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UNION OF INDIA ..... Respondent Through Mr. Rakesh Kumar, CGSC with Mr. Santosh Kumar Pandey, Govt. Pleader

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CORAM:

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HON'BLE MR. JUSTICE RAJIV SHAKDHER

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O R D E R

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% 04.05.2018

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C.M. Appl. No.18109/2018

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1 Allowed, subject to all just exceptions.

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W.P.(C) 4703/2018 & C.M. Appl. No.18108/2018

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2 Mr. Rakesh Kumar, CGSC accepts notice on behalf of the respondent.

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3 The substantive prayer made in the petition is as follow:-

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“Issue a Writ of Mandamus, or any other appropriate Writ/Order or Direction to the Respondent to either allow the Petitioner to submit his application for issuance of the passport without parentage or accept his birth certificate as the document with respect to the parentage and the matriculation certificate purely for the purpose showing educational qualification for issuance of Passport under the Non-ECR category;”

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W.P.(C) 4703/2018 Page 1 of 3

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4 In view of the order, that I propose to pass, learned counsel for the respondent says that he does not wish to file a counter affidavit in the matter.

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5 Record shows that it is the assertion of the petitioner that his biological parents are, one, Mr. Shiv Kumar Bhatia and Ms. Sunita Bhatia. It appears that due peculiar circumstances at home the names of petitioner‟s deceased uncle and aunt ,that is, late Mr. Amrish Kumar Bhatia and Ms. Ritu Kumar Bhatia were entered in his school record.

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5.1 Consequently, in the class X certificate issued by CBSE, against parents‟ names, the names of „Mr. A. K Bhatia‟ and „Ms. Ritu Bhatia‟ were recorded.

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6 Being aggrieved the petitioner has approached this Court for the following reliefs:

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(i) that his application for issuance of passport be accepted without insistence on the names of his parents being inserted.

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(ii) or, in the alternative, his application be accepted based on his birth certificate.

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Mr. Rakesh Kumar, CGSC who appears for the respondent says that since no application for issuance of passport has been preferred, the petition, in a sense, is premature.

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Clearly, the only reason that the petitioner has approached the Court is that he cannot knowingly fill up incorrect details with respect to parents name in the application for issuance of passport.

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W.P.(C) 4703/2018

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Page 2 of 3

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Given the peculiar circumstances that the petitioner is placed in, he is given liberty to file the application for issuance of passport disclosing the names of his biological parents. Along with the application, the petitioner will append a representation, wherein, the aforementioned facts with regard to his parentage would be mentioned. The representation filed by the petitioner will be accompanied by the relevant documents including his birth certificate. 10. In case such an application along with a representation, as indicated above, is filed by the petitioner the respondent will deliberate upon the same and pass a speaking order within six weeks of the same being lodged. A copy of the speaking order will be furnished to the petitioner. The petitioner will have liberty to assail the same, if aggrieved, albeit, in accordance with law.

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Petition disposed of in the aforesaid terms.

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RAJIV SHAKDHER, J

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MAY 04, 2018 A

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Page 3 of 3

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W.P.(C) 4703/2018

Yogesh Bhatia v. Union of India

Case brief

What is this about?

What did the court decide?

Yogesh Bhatia v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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