LAWS(SIK)-2015-12-3

SHRI KARMA HOZER RABTEN Vs. UNION OF INDIA

Decided On December 08, 2015
Shri Karma Hozer Rabten Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Petitioner by filing this Petition under Article 226 of the Constitution of India, inter alia, seeks the following reliefs: -

(2.) The facts leading to this Petition are that, the Petitioner is a Buddhist Monk, residing in the Rumtek Monastery, East Sikkim and was born on 21 -11 -1972 at Rumtek, to his father, a Tibetan Refugee and his mother, a Sikkimese. He is in possession of an Aadhaar Card issued by the Government of India and has a Permanent Account Number (PAN) issued by the Income Tax Department, Government of India. On 15 -12 -2013, the Petitioner made an Online Application to the Passport Seva Kendra, Kolkata, Shri Karma Hozer Rabten vs. Union of India and Others West Bengal, submitting all relevant documents for issuance of a fresh Passport. In the said application he specifically declared "I owe allegiance to the sovereignty, unity and integrity of India, and have not voluntarily acquired citizenship or travel document of any other country. I have not lost, surrendered or been deprived of the citizenship of India. .......". On 07 -02 -2014, he visited the Passport Seva Kendra, Kolkata, West Bengal, to complete the formalities.

(3.) Despite having done the needful which included approaching the Joint Secretary (PSP) and (CPO), CVP Division, Ministry of External Affairs as directed by Respondent No.3 to obtain required clearance from the Respondent No.1, Passport was not issued to him. The Petitioner also wrote to the Officer of the Respondent No.2 asserting therein that he is eligible for an Indian Passport as he was born in Sikkim, India, during the period of eligibility, i.e., 26th day of January, 1950, but before the 1st day of July, 1987, specified by the Citizenship Act, 1955 (for short the "Act").