The refusal to grant the passport was in violation of the petitioner's fundamental rights under Articles 19 and 21 of the Constitution of India.

1. The petitioner Pawan Deep Singh, who is a minor and it is asserted that he is an adopted son of Satpal Singh his own Uncle, has really come up with following two prayers :

(i) to quash the order as contained in communication dated 29-11-2000 of the Superintendent for Regional Passport Office, Chandigarh to his fathers sister Mrs. Surjit Kaur, that since he was adopted by his Uncle, who has two natural sons and thereby ineligible for the adoption and consequently his prayer for grant of Passport cannot be considered; and (ii) to command the Respondents to issue Passport to him forthwith.

2. The portrayal of relevant facts are in narrow compass :

2.1 According to the petitioner he is resident of House No. 1038, Village Taraf Kara Bara, Post Office Bhattian, Tehsil and District Ludhiana and Citizen of India. He was born on 27-8-1989 in the aforesaid village. His mother died on 31-8-1991 and his father died on 18-10-1998 leaving him alone. Mohinder Singh and Surinder Kaur, his real grand father and grand mother agreed to give him in adoption to their another son Satpal Singh and their daughter-in-law Inderjit Kaur (wife of Satpal Singh) who is his own uncle and are living in Itlay. He was duly adopted by his own Uncle and Aunt vide adoption deed dated 17-5-1999, which was registered in the office of Sub-Registrar, Ludhiana (copy appended as Annexure P-l). They executed legal power of attorney dated 8-3-1999 in favour of his fathers sister Surjit Kaur at Milan (Itlay) which was registered with the Punjab Government on 31-3-1999. On the basis of adoption deed, Surjit Kaur, on the strength of aforesaid power of attorney, applied for a Passport for the petitioner in September, 1999 in prescribed form and deposited requisite fee with the respondents. On being asked, an affidavit dated 6-1-2000 was also filed stating to the effect that the name of the petitioner was neither included in any other Passport or any valid travel document; that his natural parents had died whose death certificates were also attached and that he was never adopted by anybody earlier; he is school going child and his adopted parents are willing to give him education at Italy since they are residing there permanently; due to the non-issuance of Passport the petitioner is suffering for natural love and affection of his parents and that of his education career. The grant of Passport, however, has been declined vide the communication as contained in Annexure R-3. Had the Passport been issued he could have got his admission in the higher class in Italy in time. The action of the respondents is illegal, unjust, unfair, unconstitutional, arbitrary, against the mandatory provisions of the Act; that the respondents authority was bound to issue the Passport to him and in refusing to do so a grave and manifest injustice has been caused.

2.2 In their written statement. Respondents assert, inter-alia, to this effect : Under the provisions of the Hindu Adoptions and Maintenance Act, 1956 since Satpal Singh and Inderjit Kaur have their own sons, therefore, the adoption of the petitioner was invalid; since his adoption was invalid and thus prayer for grant of Passport could not be considered on that ground alone reasons for not granting the Passport was informed to his legal guardian Mrs. Surjit Kaur; even though his antecedents were found correct; their action is valid; they are not bound to issue the Passport unless condition and eligibility for grant of Passport facility are fulfilled; no injustice has been caused to him; and the writ petition be dismissed with costs.

3. When this writ petition came up for hearing-before one of us (V. K. Bali, J.) a request was made fof constituting a Larger Bench vide order dated August 9, 2002 which reads as under :

"Petitioner, who is stated to be only 13 years of age, has unfortunately lost his parents. Fathers brother of petitioner made an endeavour to mitigate this misfortune of the petitioner by adopting him vide registered