Extracted from the PDF above. The PDF is authoritative.
S/L 13
27.08.2026 Court. No. 25
suvayan
WPA 20097 of 2026
Mayuk Sarkar Vs. Union of India & Ors.
Mr. Ameena Kabir
Mr. Nirmalya Dutta
…for the petitioner.
Mr. Sirdhartha Lahiri
Mr. Md. Shakil
…for U.O.I.
Mr. Sailnedra Kumar Tiwary
Mr. Bijoy Bag …for the State.
1. The affidavit-of-service filed by the petitioner be kept with the record.
2. The petitioner has filed the present writ application praying for a direction upon the Regional Passport Officer, Kolkata i.e.; the respondent no. 3 for issuance of the passport to the petitioner.
3.
Learned counsel for the petitioner submits that the petitioner has submitted an application for grant of passport but the passport authorities have not issued the passport to the petitioner and kept the application pending only for the want of birth certificate of the petitioner. Learned counsel for the petitioner submits that the petitioner is an orphan and not having the birth certificate, accordingly the petitioner has relied upon the matriculation certificate issued by the Board of High School and Intermediate Education, Uttar Pradesh dated April 29, 2018 wherein the date of the birth of the petitioner is recorded as December 1, 2002.
2
4.
Learned counsel for the petitioner further submits that in all the testimonials the date of birth of the petitioner is recorded as December 1, 2002 but the petitioner is not having any birth certificate. She relied upon the Office Memorandum dated May 26, 2015 wherein it is mentioned that while processing the case of orphan/abandoned children born on or after January 26, 1989 the date of birth in the matriculation certificate issued by the recognized/affiliated educational institution along with the bona fide certificate duly sworn by the Orphanage shall be considered.
5.
Learned counsel for the petitioner submits that in the present case the petitioner is an orphan and he is not having the birth certificate and as such the passport authorities should be
directed to consider the matriculation certificate for the purpose of his date of birth.
6.
Learned counsel for the petitioner further submits that the police authorities are also completed the verification but in spite of the same the passport authorities have not issued the passport to the petitioner.
7.
Learned counsel appearing for the State authorities has submitted the report wherein it is mentioned that the petitioner has applied for Tatkal passport and the police verification was completed and the same was forwarded to the passport authorities.
8.
Learned counsel for the passport authorities submits that the petitioner has not submitted the birth certificate as well as the police verification has not been completed due
3 to which the passport authorities are not able to issue the passport to the petitioner.
9. Heard the learned counsel for the respective parties.
10. This Court finds that the passport authorities have raised two issues with regard to the birth certificate of the petitioner and the verification report by the police authorities.
11. In view of the above, the respondent no. 5, the Officer-in- Charge, Chinsurah Police Station is
directed to immediately cause enquiry and to submit the verification report of the petitioner to the passport authorities within a week from the date of receipt of this order to the respondent no. 3 and on receipt of the verification report by the respondent no. 3 from the respondent no. 5, the respondent no. 3 shall immediately process the request of the petitioner for issuance of the passport to the petitioner by considering the matriculation certificate of the petitioner issued by the Board of High School and Intermediate Education, Uttar Pradesh dated April 29, 2018 by considering the date of the birth of the petitioner as December 1, 2002 and to issue the passport as early as possible within a period of two weeks from the date receipt of the report from the police authorities.
12. WPA 20097 of 2026 is disposed of.
13. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Krishna Rao, J.)