Sh. Bhuwan Chandra Upreti And ORS. v. Government Of NCT Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 131/2019 SH. BHUWAN CHANDRA UPRETI AND ORS. ..... Petitioners Through Mr Atul Kumar Singh, Advocate.

versus GOVERNMENT OF NCT OF DELHI AND ORS...... Respondents Through Mr Sameet Vashisht, ASC (Civil) for R1 and R2.

Mr Jasmeet Singh, CGSC and Mr Srivats Kaushal, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.01.2019 CM APPL. 680/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 131/2019 3.

The petitioners have filed the present petition, inter alia, praying that directions be issued to respondent issuing singleness/bachelorhood certificate pertaining to their son. The learned counsel appearing for the petitioners also points out that a print out taken from the website of Ministry of External Affairs, which indicates that a certificate of bachelorhood/singlestatus/eligibility can be obtained by filing a declaratory suit. He states that

such a suit was filed but was dismissed. A perusal of the order indicates that the said suit was dismissed for the reason that the petitioners' son had not filed the suit in his own name and, therefore, a declaratory order in their favour could not be issued. The Court had observed that such an order was required to be issued in favour of the son of the petitioners who ought to have arrayed as plaintiff. The petitioners have not challenged the aforesaid order.

4.

Clearly, since a procedure has been prescribed by the Ministry of External Affairs for obtaining a certificate, such a mandamus as sought for by the petitioners cannot be granted. The present petition is, accordingly, dismissed leaving it open for the petitioners and/or their son to take appropriate action.

VIBHU BAKHRU, J JANUARY 09, 2019 pkv