P. JAYASHREE Vs. PRINCIPAL SECRETARY, CIVIL AVIATION

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to the second respondent-Regional Passport Officer, Koramangala, Bangalore to issue passport to the petitioner under Tatkal Scheme. The petitioner is also seeking to direct the second respondent to dispense with the compliance of Annexure-H to the application for grant of passport to the petitioner.

(2.) THE brief facts are that the petitioner represented through her father is before this Court seeking for issue of passport since she has been selected to participate in the Atlantis SPACE TREK Programme at NASA, USA to which she is being sent through the school viz., St.John's High School where the petitioner is pursuing her education. Since the request of the petitioner for issue of passport under the Tatkal Scheme had not been considered by the second respondent, the petitioner is before this Court.

(3.) IN that light, the fact that the passport could be issued subject to the manner of custody rights that have been granted to such parents is indicated therein. Therefore, if the order dated 08.04.2003 passed in G & WC No.134/2000 (Annexure-A) is perused, it is seen that even prior to the parents of the petitioner filing a petition for divorce by mutual consent, the proceedings had been initiated and ultimately the order was passed on 08.04.2003. By the said order, the custody of the child has been granted to the father with visitation rights to the mother for 15 days during summer vacation and one week during winter vacation. At this juncture, it is the case of the petitioner that the mother of the petitioner is not available for signing the application and in that view, if passport is not issued, the opportunity of the petitioner to take part in the programme in USA would be lost. Further the order dated 30.07.2004 (Annexure-B) would indicate that the parents of the petitioner has filed a petition and they have been granted divorce by mutual consent and they have been residing separately.