JUDGMENT

SANJEEV SACHDEVA, J (ORAL)

CM No.34827/2016 in W.P.(C) 3539/2016 (delay in filing counter-

affidavit for 15 days)

For the reasons stated in the application, the application is allowed.

The delay in filing counter-affidavit is condoned and the counter-affidavit is taken on record.

W.P.(C) Nos.3539/2016, 4275/2016 & 7983/2016

1. In W.P.(C) No.7983/2016, Mr Jaitley, learned counsel for the respondent, has filed the counter-affidavit on behalf of respondent in court. The same is taken on record.

2. All these petitions seek a direction to the respondents to consider the petitioners, who are children of Tibetan parents and born in India on or after 26.01.1950 and before 01.07.1987, as citizens of India in view of Section 3(1) (a) of the Citizenship Act, 1955 (hereinafter referred to as ‘the Act’) and to issue Indian passports.

3. The petitioner – Phuntsok Wangyal in W.P.(C) No.3539/2016 was born on 17.09.1977 and the petitioner – Lobsang Wangyal in W.P.(C) No.4275/2016 was born on 25.05.1970. The petitioners, in these two petitions, claim citizenship of India on the basis of Section

3(1)(a) of the Act.

4. The petitioner – Tenzin Dhonden in W.P(C) No.7983/2016 was born on 16.08.1992 and co