Kerala High Court
Raj Ratheesh vs Additional Secretary And Chief ... on 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 13206 OF 2021
PETITIONER:
RAJ RATHEESH,
AGED 43 YEARS,S/O RAMAKRISHANAN,
OCCUP: PRIVATE, EDAKKATTIL HOUSE, LALOOR,
ARANATTUKARA VILLAGE, THRISSUR TALUK,
ELTHURUTH P.O., THRISSUR DISTRICT,
KERALA- PIN 680 611.
BY ADV
C.J.ANTONY LOYED
RESPONDENTS:
1 ADDITIONAL SECRETARY (PASSPORT SEVA PROJECT) AND
CHIEF PASSPORT OFFICER,
PASSPORT SEVA PROJECT DIVISION,
MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 27,
PATIALA HOUSE, TILAK MARG, NEW DELHI - 110 001.
2 THE DEPUTY PASSPORT OFFICER (OPERATIONS),
PASSPORT SEVA PROJECT DIVISION,
MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE,
TILAK MARG, NEW DELHI -110001.
3 THE REGIONAL PASSPORT OFFICER, KOCHI
PANAMPILLY NAGAR PO, COCHIN, KERALA - 682036.
4 THE CHIEF TECHNOLOGY OFFICER PSP DIVISION
MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE,
TILAK MARG, NEW DELHI- 110001.
5 THE OFFICER ON SPECIAL DUTY (PASSPORT SEVA
PROJECT) AND PROJECT DIRECTOR,
PASSPORT SEVA PROJECT DIVISION,
MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE,
TILAK MARG, NEW DELHI - 110001.
WP(C) NO.13206 OF 2021
2
6 UNION OF INDIA
THROUGH ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
SOUTH BLOCK, NEW DELHI - 110001.
BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
KRISHNA T C, SCGC
SUVIN R MENON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.13206 OF 2021
3
M.A. ABDUL HAKHIM, J.
--------------------------------
W.P.(C) No. 13206 of 2021
--------------------------------
Dated this the 6th day of June, 2024
JUDGMENT
1. This writ petition is filed by the petitioner seeking
direction to the 1 st respondent to incorporate the
provisions in the official website of the passport authority
to apply for the Short Validity Passport and to pay
prescribed fee as per Ext.P1 Circular.
2. The pleadings in this Writ Petition reveal that the
question involved is as to what is the correct fee payable
on application of Short Validity Passport. The petitioner
relies on Ext.P1 Circular issued by the Joint Secretary of
the Ministry of External Affairs dated 11.09.2014 which
says that for Short Validity Passport, the fee payable is
Rs.1000/-. Ext.P1 would refer the fee which is applicable
to Sl.No.3 of the fee list of schedule IV of the Ministry's
Notification No.VI/401/1/2011 dated 28.09.2012. The
WP(C) NO.13206 OF 2021
counsel for the petitioner invited my attention to the said
Notification dated 28.09.2012 produced as Ext.P3. Ext.P3
is issued by the Central Government invoking the power
under Section 24 of the Passport Act, 1964. Entry No.3 is
extracted hereunder;-
"For issue of ordinary fresh passport or reissue of
passport or 36 pages for minors below 18 years of age
with validity of 5 years or till the minor attained the age
of 18 years which ever is earlier."
3. The normal fee prescribed for Sl.No.3 is Rs.1000/-.
According to the counsel for petitioner, hence in view of
Ext.P1 Circular read with Ext.P3 Notification, the fee
payable for Application of Short Validity Passport is only
Rs.1000/-.
4. The respondents 1 to 6 have filed a counter affidavit
dated 13.10.2022 in which they contend that Ext.P1
Circular is not having the status of a Gazette notification.
It is only a circular and the fee of Rs.1000/- referred
therein for Short Validity Passport is by mistake and the
Circular happened to be issued on account of a mistaken
WP(C) NO.13206 OF 2021
understanding. The Counsel for the respondents 1 to 6
invited my attention to clause No.12 which according to
him is the relevant clause applicable for Short Validity
Passport. Clause 12 is extracted hereunder:-
"Additional ordinary passport containing 36
pages for any country with validity upto one
year".
5. The normal fee prescribed for Sl.No.12 is Rs.1500/-.
6. I have perused Ext.P3 Notification which is Schedule IV of
the Passport Rules, 1980. Rule 8 of the Passport Rules
prescribes fee payable on applications. It provides that
the fee payable on every applications mentioned in
Column 2 of schedule IV shall be at the rates specified in
the corresponding entry in column 4,5,6,7,8 as the case
may be of that Schedule. Admittedly in Schedule IV
Short Validity Passport is not included. In such a case, I
am of the view that neither Sl.No.3 nor Sl.No.12 is
applicable in such situation. When there is no fee
prescribed for Short Validity Passport in schedule IV, the
normal fee payable for the passport under Sl. No.1 in
WP(C) NO.13206 OF 2021
schedule IV is to be paid when a Short Validity Passport
is applied since the payment of fee is mandatory in view
of the Rule 8 of the Passport Rules, 1980.
7. Hence this writ petition is disposed of holding that
Application fee payable for Short Validity Passport is the
same amount of fee which is payable as Application Fee
for normal Passports.
Sd/-
M.A. ABDUL HAKHIM,
JUDGE
S.M.K.
WP(C) NO.13206 OF 2021
APPENDIX OF WP(C) 13206/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE CIRCULAR
NO.VI/401/66/2000 DATED 11.09.2014
Exhibit P2 A TRUE COPY OF THE GAZETTE NOTIFICATION
G.S.R.570 (E)DATED 25.08.1993
Exhibit P3 A TRUE COPY OFTHE GSR-731-DTD-28-09-2012
Exhibit P4 A TRUE COPY OF THE ORDER FROM THE HON'BLE
JFCM COURT-II, DATED 09.07.2019
Exhibit P5 A TRUE COPYOF THE GREVANCE SUBMITTED
BEFORE THE 1ST RESPODNENT DATED 04.06.2021
Exhibit P6 A TRUE COPY FO THE REPLY FRO 3RD
RESPODNENT DATED 07-06-2021
Exhibit P7 A TRUE COPY OF THE GRIEVANCE SUBMITTED
BEFORE THE 1ST RESPONDENT ON 10-06-2021
Exhibit P8 A TRUE COPY OF THE REPLY FROM THE 2ND
RESPONDENT DATED 15.06.2021.
RESPONDENT'S EXHIBIT
Exhibit R1(a) True copy of Gazette Notification dated
28.09.2012
