LAWS(DLH)-2018-10-13

PRABHLEEN KAUR Vs. UNION OF INDIA & ANR

Decided On October 03, 2018
Prabhleen Kaur Appellant
V/S
Union Of India And Anr Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India praying that the respondents be directed to issue a passport to the petitioner. The petitioner also impugns a letter dated 02.08.2017 (hereafter 'the impugned communication') issued by the Regional Passport Office, Ministry of External Affairs (hereafter 'RPO'), whereby the petitioner's application for re-issuance of a passport is declined.

(2.) The petitioner was born on 29.11.1994. That is, after 01.07.1987 but prior to the commencement of the Citizenship (Amendment) Act, 2003. Therefore, in terms of Section 3(1)(b) of the Citizenship Act, 1955 (hereafter 'the Citizenship Act'), she would be a Citizen of India by birth provided either of the parents were citizens of India at the time of her birth. The petitioner's request for passport facilities has now been denied as the nationality of both her parents is doubtful.

(3.) The petitioner was born on 29.11.1994 in New Delhi, India. The petitioner completed her 10th & 12th standard from Daisy Dales Sr. Secondary School, East of Kailash, New Delhi in the year 2011 & 201 Thereafter, she did her B.A. (Hons) English from Maitreyi College, Delhi University in the year 2016.