Lobsang Chodak v. Union of India and Ors

O R D E R %

10.11.2017 CM No.40500/2017

¶1Allowed, subject to all just exceptions. W.P.(C) 9932/2017

¶2Issue notice. Learned counsel for the respondents accepts notice.

¶3The principal grievance of the petitioner is that his application for a passport has been kept on hold. The petitioner alleges that the petitioner's application for passport has not been processed solely on the ground that the petitioner's parents are of Tibetan origin.

¶4The petitioner claims that he was born on 05.10.1973 and, therefore, is a citizen of this country by birth. The petitioner alleges that although the petitioner is a citizen of this country, the respondents are taking a view that since the petitioner is born of parents of Tibetan origin, there is a doubt as to his nationality.

¶5The above issue has been examined by this Court in several decisions and the issue has been decided in favour of the applicants. (See: Namgyal Dolkar v. Government of India, Ministry of External Affairs: W.P.(C) 12179/2009, decided on 22.12.2010; Phuntsok Wangyal v. Ministry of External Affairs & Ors: W.P.(C) 3539/2016 and other connected matters decided on 22.09.2016; and Karma Gyaltsen Neyratsang v. Union of India & Ors: W.P.(C) 6074/2014, decided on 29.08.2017 ).

¶6In this view, the present petition is disposed of by directing the respondents to consider the petitioner's application for a passport within a period of four weeks from today having regard to the aforesaid decisions rendered by this Court

¶7In the event, if the respondents find that there is any other justifiable ground to refuse the passport, the same would be communicated to the petitioner within the aforesaid period of four weeks.

¶8Order dasti. VIBHU BAKHRU, J NOVEMBER 10, 2017 MK

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9932/2017 LOBSANG CHODAK ..... Petitioner Through: Mr Giriraj Subramanium, Mr Simarpal Singh Sawhney and Mr Sidhant Krishan Singh, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr Jasmeet Singh, Advocate for R-1 to 4. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU