SAIEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner is seeking quashment of Communication under Reference No. SCN/304085684/15 dated 01.07.2015 issued by the Regional Passport Office, Jammu, whereby it has been informed that as the petitioner-applicant, who is minor, has been residing with her mother at Delhi, so his mother cannot apply from the jurisdiction of Jammu for issuance of passport in favour of petitioner and a penalty of Rs. 5000.00 has also been imposed on the mother of petitioner.

(2.) The petitioner being minor has filed this petition through his maternal grandfather. The facts-in-brief as projected in the writ petition are that the mother of petitioner came to be previously wedded with one Shri Deepak Jalali on 29.02.2004 and out of the said wedlock Master Saien, petitioner herein, was born. However, the marriage between the parties could not materialize and the same came to be dissolved by ex parte judgment and decree dated 30.04.2010 delivered by the learned Additional District Judge, Jammu. It is averred that the petitioner continues to live with his maternal grandfather at Jammu. It is averred that on 23.06.2015 the petitioner through his mother applied online for issuance of passport in his favour. However, respondent No. 2 vide Communication dated 01.07.2015 under Reference No. SCN/304085684/15, impugned herein, has informed that as the petitioner-applicant, who is minor, has been residing with his mother at Delhi, so his mother cannot apply from the jurisdiction of Jammu for issuance of passport in favour of petitioner and a penalty of Rs. 5000.00 has also been imposed on the mother of petitioner. Hence the present writ petition.

(3.) The contention of learned counsel for petitioner is that the petitioner has throughout studied at Jammu, initially in the Dream Land Public School, Disco Road, Janipur, Jammu in Nursery Class, then in Delhi Public School at Jammu from Class 1st to 4th standard. In 6th standard the petitioner came to be admitted in G.D. Goenka Public School, Jammu in the i.e., with effect from 12.03.2014 to 09.04.2015 the petitioner had been admitted in G.D. Goenka Public School, East Delhi. Thus, it is contended that except for one year, the petitioner throughout studied at Jammu. Further, it is contended that when the petitioner applied online for issuance of passport in his favour on 23.06.2015, he was very much studying at G.D. Goenka Public School, Jammu. Thus, it is contended that respondent No. 2 on mistaken notion has come to the conclusion that petitioner is staying at Delhi along with his mother, when the fact of the matter is that he is staying at Jammu along with his maternal grandfather.