ORAL ORDER

1. The captioned writ petition is filed seeking direction to the respondent authorities to consider the passport application no. AH1069445709824 and issue new passport to the present petitioner without printing the name of the father of the petitioner as per the instructions and guidelines issued in this behalf.

2. Mr.Maunish Pathak, learned Advocate appearing for the petitioner while taking this Court through the captioned writ petition submitted that the mother of the petitioner has been appointed as the guardian of the petitioner vide order dated 15.09.2022 passed by the learned Family Court in Civil Misc. Application No. 125 of 2022 coupled with certificate of the even date. It is submitted that the marriage between the parents of the petitioner has been dissolved with effect from 11.10.2022 and the custody of the petitioner is with her mother. It is further submitted that even necessary changes have been notified in the Gujarat Government Gazette dated 11.04.2024 and the name of the petitioner now is ‘Shanaya Nikita Pathak’. It is further submitted that as per the guidelines for passport issuing authorities, framed under the Passport Act, 1967 and more particularly, clause 4, it provides for special cases of minors requiring passports. Exclusion of father/mother name from the passport of the minor in single parent custody is permissible. It is submitted that in view of the provisions of clause 4.1 read with clause 4.5, the application of the petitioner for dropping the name of the father from the passport, is to be decided accordingly. It is therefore urged that the application of the petitioner may be processed without printing the name of the father of the petitioner.

3. Mr.Kshitij Amin, learned Central Government Standing Counsel fairly submitted that the application of the petitioner is to be considered as per the applicable guidelines and rules which permits dropping of the name of either of the parents in the passport. In the present case, applying the said guidelines, the decision shall be taken by the authorities. It is also submitted that clause 3 of the notification dated 28.02.2023 issued by the Ministry of External Affairs, provides for points of compliance. It is submitted that the application of the petitioner pending with the authorities shall be considered in conformity with the provisions of the guidelines and notification issued by the Ministry of External Affairs from time to time.

4. Heard the learned Advocates appearing for the respective parties.

5. Pertinently, the petitioner, through her mother, has filed the captioned writ petition inter alia praying for issuance of passport without printing the name of the father. It is also not in dispute that the Family Court has passed an order dated 15.09.2022 appointing mother as the legal guardian of the minor daughter i.e. the petitioner under the provisions of the Guardians and Wards Act, 1890. Relevant paragraph 10 reads thus:

“10. Therefore, on appreciation of the entire facts and circumstances of this present case and looking to the netter future and larger interest of minor daughter, it is desirable to grant the present application of the petitioner. As per the provisions of the Guardians and Wards Act, the Court is impressed to grant order to appoint guardian of the minor for such purpose. So, I am of the view that petitioner mother of the minor daughter is required to be appointed as guardian of minor daughter Shanaya. The respondent has also declared that if the petitioner is appointed as guardian of minor daughter Shanaya then he has no objection. The present petitioner is proper and fir person to appoint as a guardian as minor Shanaya. Therefore, I am of the view that the petitioner is entitled to be appointed as the guardian of the minor Shanaya.”

6. Apropos the order, certificate has also been issued certifying that the mother namely Nikita Anilkumar Pathak is appointed as the guardian in person of the minor child named Shanaya i.e. the p