5 •r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1538 OF 2025 Between: Kesana Vishnu Vardhan Goud, S/o. Kesana Rama Koteswara Rao, Aged about 30 years, Occ: Advocate, R/o. Flat No 102, Sai Sruthi Arcade, Sri LakshmiNarasimhaBuilders, Near Nirmala CBSE School, Atmakur, Mangalagiri, Guntur District-522503. ...PETITIONER AND Union of India, Rep. by its Principal Secretary, Department of Ministry of External Affairs (MEA), At South Block, Secretariat Building, Raisina Hills, New Delhi. The Office of the Chief Passport Officer, Rep. by its Joint Secretary and CPO (Central Passport Organization), Department of Ministry of External Affairs (MEA), Government of India, At Room No. 27, Patiala House, Tilak Marg, New Delhi - 110001, E-mail iscpo(gmea.gov.in The Passport Seva Kendra (PSK), Rep. by its Regional Passport Officer, At Hotel Midcity, D NO 38-8-45, MG Road, Punammathota, Labbipet, Vijayawada, Andhra Pradesh-520010. E-Mail rpo.viiavawada@.mea. gov.in 1. 2. 3. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to direct the Respondents/Authorities to consider the fathers name of the petitioner as Kesana Rama Koteswara Rao' as per the notification dated 08.12.2023 published by The Andhra Pradesh Gazette, Amaravati for issuance of the Fresh Passport to the petitioner whensoever submits his Passport Application before the 3 respondent/Authority. rd lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents/Authorities to consider the father’s name of the petitioner as Kesana Rama Koteswara Rao as per the notification dated 08.12.2023 published by The Andhra Pradesh Gazette, Amaravati for issuance of the Fresh Passport to the petitioner whensoever submits his Passport Application before the 3'"' Respondent/Auth ority pending disposal of the Writ Petition. Counsel for the Petitioner: SRI NAGANJANEYULU BORRA Counsel for the Respondent Nos.1 to 3: SRI SRIDHAR TUMMALAPUDI (CENTRAL GOVT. COUNSEL) The Court made the following: ORDER ::1:: APHC010027282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1538/2025 Between: ...PETITIONER Kesana Vishnu Vardhan Goud AND ...RESPONDENT(S) Union Of India and Others Counsel for the Petitioner: 1.NAGANJANEYULU BORRA Counsel for the Respondent(S): 1.SRIDHAR TUMMALAPUDI ( CENTRAL GOVT COUNSEL) ::2:: HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.1538/2025 THE This Court made the following ORDER: This instant Writ Petition is filed under Article 226 of the Constitution of India by the Petitioner for the following relief; direct the a Writ of Mandamus to issue Respondents/Authorities to consider the father’s name of the Kesana Rama Koteswara Rao” as per the dated 08.12.2023 published by The Andhra Amaravati for issuance of the Fresh ..to Petitioner as notification Pradesh Gazette, Passport to the Petitioner whensoever submits his passport application before the Respondent / Authority and pass. ...” The case of the Petitioner is that petitioner had initially applied for issuance of fresh passport on 08.05.2021 vide File No;VJ2063640670321 Respondent and subsequently appeared before the 3 2. rd rd before the 3 Respondent and the said application was kept pending, since the Thereafter, the petitioner did not furnish his original SSC Memo, unable to submit the same within the prescribed period and file had been closed by the 3^^ Respondent. The name of petitioner’s father in his Intermediate certificate as well as Degree of bachelor of Petitioner was the 3 Technology certificate and provisional certificate clearly mentioned as “KESANA RAMA KOTESWARA RAO”. of L.L.B (3-YDC) was 3. The Petitioner again applied for issuance of fresh passport 27.04.2023 vide File No.VJ2065405296923 before the 3'^^ on Respondent but the same was kept pending since the father’s name of the Petitioner was mentioned as “KESANA RAMA KOTESWARA RAO” instead of “KESANA RAMA KOTESWARA RAO in the SSC Memo of the petitioner. Thereafter, the petitioner made clarification of the parental mistake through the Andhra Pradesh Gazette Published by Competent Authority, Amaravati dated 08.12.2023 wherein it is clearly published as under: “I, KESANA VISHNU VARDHAN GOUD, S/o. KESANA RAMA KOTESWARA RAO, Qualification; B.Tech., shall henceforth be known as Kesana Vishnu Vardhan Goud, S/o KESANA RAMA KOTESWARA RAO for the purpose of correction of wrong entries occurred in School Records due to parental mistake. 4. Thereafter, the petitioner made appointments and appeared before the 3^*^ Respondent on 19.12.2023 and 17.01.2023 by furnishing required documents along with the above said Gazette Publication, but for the reasons best known to the 3^^ Respondent, the clarification through the publication of The Andhra Pradesh Gazette considered by the 3'^^ Respondent and directed for correction of the father’s name of the Petitioner in the original SSC Memo, on the said the made was not ;4 reason the file of the Petitioner was kept pending, subsequently the Petitioner was unable to obtain correction of the same in his original SSC Memo within the prescribed time and the above said File Number: VJ2065405296923 was also closed by the 3^*^ Respondent. Hence the Writ Petition. 5. Learned counsel for the petitioner further submits that the right to travel is indeed a fundamental right and it cannot be deprived off under Article 21 of the Constitution of India. Learned Standing Counsel for Central Government furnished • written instructions issued by the 3'^'^ respondent wherein it is stated that 6. the Petitioner applied for passport vide file No: VJ206364067032 1 on 12.10.2021, without submitting mandatory documents as ECNR and Date of Birth Proof. Respondent No.3 initiated a file closure process and requested the Petitioner to submit required documents for further processing the application. Again the Respondent No.3 initiated a file closure alert on 11.12.2021 and requested to submit required documents for further processing the application. Considering no response from the petitioner to the file closure letter, file was closed on 21.12.2023. Again the Petitioner applied for passport on 26.05.2023 by submitting SSC as ECNR/DOB proof with different spelling of father name. Further the petitioner has furnished Andhra Pradesh Gazette Publication for Father’s 5 name change without any correct ECNR proof on 19.12.2023. Respondent No.3 has initiated a file closure alert on 25.07.2023 and requested to submit required documents for further processing the application of the Petitioner. Considering no response from the Petitioner to the file closure letter, file was closed on 17.04.2024. The 7. Having heard the submissions of the respective counsel, it is appropriate to look into the relevant provisions of the Passport Act, 1967, as extracted herein under: ‘‘Section 6(2): Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:— ia)that the applicant is not a citizen of India; {b)that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India; [cjthat the departure of the applicant from India may, or is likely to, be detrimental to the security of India; [^that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; [ejthat the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; 6 [flthat proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (Q)that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (Mthat the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation (ilthat in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be In the public interest. The issue of passport is regulated by the Passport Act, 1967. 8. Section 6(2) of the act, extracted above is relevant for this purpose. It is further observed that holding a passport and freedom to go 9. abroad has much social value and represents the basic human right of great significance. The Division Bench of the Apex Court in its judgment dated 10. 09.04.2019 reported in Laws 2019(2) SCC online SC 2048 in Satish Chandra Verma v Union of India (UOI) and others at para 4 observed as under: "The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of 7 his experience. The right also extends to private life; marriage, family and friendship which are the basic humanities which can be affected through refusal of freedom to go abroad and this freedom is a genuine human right." While perusing the material placed on record, it is observed that rectifying the spelling mistake and notifying the same as “Kesana Vishnu Vardhan Goud, S/o KESANA RAMA KOTESWARA RAO” through the Andhra Pradesh Gazette Published by Authority, Amaravati dated 08.12.2023 is valid and sustainable and the other documents i.e.. 11. Intermediate certificate, Dgree of bachelor of Technology certificate and provisional certificate of L.L.B (3-YDC) filed by the Petitioner also reveals that the petitioner’s father name clearly mentioned as “KESANA RAMA KOTESWARA RAO”. It is further observed that the SSC certificate of the Petitioner where the name of Petitioner’s father was noted as “KESANA RAMA KOTESWARA RAO” only a ink mark i.e., claiming as “Q” which can be read as “KOTESWARA RAO” only. Therefore, the closure letter vide file No: VJ2065405296923, dated 17.04.2024 issued by the 3 rd Respondent is liable to be set aside. 12. Taking into consideration, the facts and circumstances of the case the Writ Petition is allowed by setting aside the closure letter vide File No: VJ2065405296923, dated 17.04.2024 issued by the 3"^^ Respondent. ::8:: Further, the Petitioner hereby directed to submit application afresh along with all the documents as submitted earlier within a period of two weeks from the date of this order. After receipt of the same, Respondent Authorities are directed to consider such application and issue passport without referring for furnishing changed / rectified SSC Certificate/ Date of Birth certificate in the name of the Petitioner i.e., Kesana Vishnu Vardhan Goud, S/o Kesana Rama Koteswara Rao as was published in The Andhra Pradesh Gazette Published by Authority, Amaravatl dated 08.12.2023 within a period of four (4) weeks from the date of receipt of application of the Petitioner. There shall be no order as to costs. Consequently, miscellaneous applications pending stand closed. if any, shall / SD/- K. KASIRAO ACHARi ASSISTANT\REGISTRAR I //TRUE COPY// SECTI FICER To, 1. The Principal Secretary, Department of Ministry of External Affairs (MEA), Union of India,, At South Block, Secretariat Building, Raisina Hills, New Delhi. 2. The Joint Secretary and CPO (Central Passport Organization), Office of the Chief Passport Officer, Department of Ministry of External Affairs (MEA), Government of India, At Room No. 27, Patiala House, Tilak Marg, New Delhi - 110001, E-mail iscpo@mea.gov.in 3. The Regional Passport Officer, Passport Seva Kendra (PSK), At Hotel Midcity, D NO 38-8-45, MG Road, Punammathota, Labbipet, Vijayawada, Andhra Pradesh-520010. E-Mail rpo.viiavawada@.mea. gov.in 4. One CC to Sri Naganjaneyulu Borra, Advocate [OPUC] 5. One CC to Sri Sridhar Tummalapudi (Central Govt. Counsel) Advocate lOPUC] 6. Three CD Copies. ssb HIGH COURT DATED:03/02/2025 ORDER WP.No.1538 of 2025 * U FEB 2025 to. ^ . Current oecuon . ALLOWING THE W.P. WITHOUT COSTS