WP(C) No. 805 of 2024 · High Court of Jammu & Kashmir and Ladakh

Ms. Mrinal Magotra, Advocate Vs Union of India and ors. Through: .…. Respondent(s) Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

The specific case of the petitioner is that the petitioner is a qualified ORDER 12.04.2024 medical professional holding MBBS and M.D. degree from Jiamusi university in Jiamusi, China. The petitioner is holding a passport bearing No. L3265832 issued on 17.12.2013 with an expiration date of

16.12.2023. The petitioner applied for issuance of a passport before respondent No. 3. The application of the petitioner was received on

30.06.2023. The police verification is complete and there is nothing adverse against the petitioner and even the character certificate was issued by Dy. SP CID (Rural) Jammu on 08.06.2023 and SDPO City South Jammu has also issued a character certificate on 13.06.2023. The petitioner visited the website and it was noticed by the petitioner that status of the application was shown as ‘Pending for CID verification’. Thereafter, the petitioner immediately filed a representation before 2 WP(C) No. 805/2024 respondent No. 2 dated 02.12.2023 seeking redressal of the grievance. The petitioner has also filed an application under RTI dated 09.02.2024 seeking status of the passport application but till date, no response has been provided by the respondents. The petitioner further submits that the passport is required immediately by the petitioner to pursue a Ph.D. degree in Medical Science from outside the country and the delay occasioned in issuing the passport in favour of the petitioner and thereto in restraining the petitioner from travelling abroad is not only illegal but violates with impunity the mandate of Article 21 of Constitution of India. The petitioner requested respondent Nos. 2 and 3 to expedite consideration of the application filed by the petitioner but despite representation, no action has been taken by respondent No. 3. Heard learned counsel appearing for the petitioner at length and perused the record. Issue notice to the respondents, which is waived by Mr. Sumant Sudan, Advocate on behalf of Mr. Vishal Sharma, DSGI for respondent No. 1 and Ms. Monika Kohli, learned Sr. AAG for respondent Nos. 2 and 3. At this stage, learned counsel appearing for the petitioner submits that she would be satisfied in case a direction is issued to the respondents to treat the instant writ petition as a representation and to accord consideration within some reasonable time, to which, learned counsels appearing for the

respondents have no objection.

With consent of the learned counsels for the parties, the instant writ petition is taken up for disposal at this stage by directing the respondents to treat the instant writ petition as a representation and to accord 3 WP(C) No. 805/2024 consideration strictly under rules and as per law within a period of four weeks from the date a copy of this order along with the writ petition and Annexures are made available to the respondents. The order of consideration which is likely to be passed be forwarded to the petitioner through registered post.

Needless to say that if the order goes against the petitioner, the petitioner shall be at liberty to challenge the same by way of an appropriate proceedings, if so advised.

Disposed of. (A(WASIM SADIQ NARGAL) JUDGE Jammu 12.04.2024 Neha-II Whether the order is speaking: Whether the order is reportable: Yes/No Yes/No NEHA KUMARI 2024.04.15 10:33 I attest to the accuracy and integrity of this document