TENZIN CHUKI Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) The petitioner seeks a direction to the respondent to renew the Indian Passport of the petitioner by treating the petitioner as an Indian citizen in terms of Sec. 3(1)(a) of the Citizenship Act, 1955 (hereinafter referred to as the Act).

(2.) Learned counsel for the respondents relies on the resolution of the Ministry of Home Affairs dated 13th May, 2010 wherein it has been recorded that children born to Tibetan Refugees in India will not be treated as Indian citizen automatically based on their birth in India before 01.07.1987 under Sec. 3(1)(a) of the Act and they shall have to file an application under Sec. 9 (2) of the Act to the Ministry of Home Affairs and thereafter the nationality status could be considered on case to case basis.

(3.) This issue has already been decided by this Court by judgment dated 22.09.2016 in W.P.(C) 3539/2016 titled as Phuntsok Wangyal Vs. Ministry Of External Affairs & Ors. , and the other connected petitions, wherein this Court has held that persons who satisfies the requirement of Sec. 3(1) of the Act and does not suffer from any disqualification as mentioned in Sec. 3(2) cannot be denied the Indian Passport on the ground that they are not Indian citizens.