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High Court of Punjab and HaryanaCWP/20130/2024disposed of

Mandeep Kaur v. Regional Passport Office Jalandhar

2024-11-07Mr. Justice Suvir Sehgal2 pages

CWP-20130-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (106) CWP-20130-2024 Date of decision:- 07.11.2024 Mandeep Kaur

...Petitioner

Versus

The Regional Passport Office, Jalandhar

...Respondent

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Bhawesh Chaudhary, Advocate, for the petitioner. Mr. Karan Kumar Jund, Advocate, Senior Panel Counsel for the respondent - Union of India.

...

SUVIR SEHGAL, J. (Oral) 1.

By way of present writ petition filed under Article 226/227 of the Constitution of India, petitioner has approached this Court inter alia for issuance of a writ in the nature of mandamus directing the respondent to re-issue the passport by changing its category from ECR to ECNR. 2.

Counsel for the petitioner submits that petitioner was issued a passport on 22.12.2021, which is valid till 21.12.2031. The passport bears a endorsement ECR (Emigration Check Required). By application dated 06.07.2024, petitioner applied for change of category from ECR to ECNR and appeared before the respondent on the scheduled date. Counsel submits that despite the lapse of four months, the application is still pending. 3.

Counsel appearing on behalf of respondent submits that the petitioner has suppressed the educational qualification and the respondent intends to issue a show cause notice to her and proceed in accordance with law. PARDEEP NAUTIYAL 2024.11.07 17:22 I attest to the accuracy and authenticity of this order/judgment.

CWP-20130-2024 -24.

Be that as it may, application for change of category cannot be kept pending indefinitely.

5.

Accordingly, a direction is issued to the respondent to decide the application within a period of four months from the date of service of a copy of this order. In case the respondent does not find the application worthy of acceptance, it shall pass an order giving reasons for rejection in view of the mandate of Section 5 of the Passport Act, 1967, and communicate a copy of the order to the petitioner.

6.

Petition is disposed of.

(SUVIR SEHGAL) JUDGE 07.11.2024 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.11.07 17:22 I attest to the accuracy and authenticity of this order/judgment.