The main legal point established in the judgment is that the passport authority has the jurisdiction to scrutinize the correctness of the information provided in the passport application and to refuse issuance if the information is found to be incorrect or insufficient, and the fundamental right to travel is subject to reasonable restrictions.

VIPIN SANGHI, J.

1. The present writ petition under Article 226 of the Constitution of India has been preferred by Ms. Teesta Chattoraj, a minor through her mother and natural guardian Smt. Rajeshwari Chattoraj. The petitioner seeks issuance of a writ of certiorari quashing the letter dated 04.04.2011 (Ref. No.RPO/PG/133/11) issued by the respondent, i.e. the Regional Passport Officer (RPO), New Delhi, whereby the petitioners request for issuance of a passport has been declined. The petitioner also seeks a writ of mandamus directing the respondent RPO to issue a passport in favour of the petitioner on the basis of the information supplied by the petitioner in her passport application form.

2. The petitioner was born on 15.11.1995 at Kolkata. Her natural parents are Sh. Abhijit Ghosh and Smt. Rajeshwari Ghosh, who is now known as Rajehswari Chattoraj. When the petitioner was only about two years old, the natural parents of the petitioner obtained decree of divorce by mutual consent. So far as the petitioner is concerned, the terms agreed between her natural parents, inter alia, provided that the petitioner’s mother will not claim and/or demand of maintenance and/or alimony for the minor child at present or in future from the petitioner’s father. It was also agreed that the petitioner’s mother would maintain the petitioner. The petitioner’s father admitted that he has no right to see the child for all times to come and he will not interfere in any manner regarding rearing up the child by the Opposite party and her family members and that he shall have no right to claim and/or demand for custody of the said child from the Opposite party.

3. The petitioner’s mother married Sh. Surojit Chattoraj at New Delhi on 04.03.1999. By registered deed of adoption deed dated 12.06.2006, the petitioner was given in adoption by her mother to her husband Sh. Surojit Chattoraj. The petitioner submits that religious ceremonies to mark the acceptance of the petitioner by her adopted father were also held, and were attended by members and friends of the family.

4. On 26.07.2010, the petitioner applied for a passport, through her mother, to the respondent authority. The petitioner was required to provide, inter alia, the registered adoption deed, which was also provided. After much waiting, the petitioner was informed by the impugned communication that her application could not be accepted, as it had been found on scrutiny that the petitioners biological father’s name, as per her birth certificate, had not been mentioned in the passport application form, and the adoption deed was not in accordance with the Hindu Adoption and Maintenance Act, 1956 (“HAMA”).

5. The gist of the communication dated 04.04.2011 issued by the RPO reads as follows:

“On scrutiny of file, it is seen that biological father’s name as per birth certificate has not mentioned in the passport application form. The adoption Deed as per Adoption Act is also not valid. As per rules of Ministry of External Affairs Circular No.VI/401/01/05/2008 dated 05.10.2009 serial No.4(2) “In the event of remarriage after divorce, the name of step-father/step mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian”.

In view of the instruction, you are advised to furnish a fresh Form-1 with name of biological father or a Court Order appointing you as a Legal Guardian. This may be treated as Final Reminder, your compliance may reach this office within 15 days, failing which you have nothing to say and your complaint may be treated a