Court directed time-bound consideration of discretionary OCI application under Citizenship Act without mandating grant.

JUDGMENT

Petitioners seek for the following reliefs:

“i. Declare that the lst petitioner is entitled to get OCI card as per the Exhibit P5 application filed by her as she fulfils all the statutory criteria for OCI eligibility.

ii. issue a writ of mandamus or such other writ or order directing the respondents to consider the Exhibit P5 application and issue an OCI card to the lst petitioner within such time which this Court may deem fit to grant. “

2. The 1^st petitioner is the wife of the 2^nd petitioner, the latter of whom was born as an Indian and is presently a citizen of the United Kingdom, holding an Overseas Citizenship of India (OCI) card. By virtue of his position as the holder of an OCI card, the 2nd petitioner's wife is also allegedly entitled by law, to claim the status of an Overseas Citizen of India, provided an application is submitted and the same is approved by the authorities. The 1^st petitioner's application for grant of an OCI card, submitted as per Ext. P5, is pending consideration.

3. A statement has been filed on behalf of the respondents, pointing out that the 1^st petitioner's application submitted as Ext.P5 is pending consideration and that, as per the provisions of the Citizenship Act, 1955 , the Central Government has the discretion to grant or refuse the application under Section 7A of the Citizenship Act, and is not even required to assign any reasons for such grant or refusal.

4. I have heard the learned counsel for the petitioner as well as the learned Central Government Counsel.

5. Having regard to the nature of contentions urged in the writ petition, I am of the view that, since Ext.P5 application is pending consideration before the 2^nd respondent, a direction can be issued to consider the same in accordance with law in a time-bound manner.

Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P5 application submitted by the 1st petitioner, as expeditiously as possible, at any rate, within an outer period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.