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Kerala High Court
Puthiyapurayil Namsheed vs Union Of India on 18 February, 2026
2026:KER:14531
W.P.(C) No.8586 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 8586 OF 2025
PETITIONER:
PUTHIYAPURAYIL NAMSHEED,
AGED 37 YEARS
S/O. MUSTHAFA PUTHIYAPURAYIL, PUTHIYAPURAYIL
HOUSE, AZHATHUKUNNU, KOTTALI, KANNUR, PIN -
670005
BY ADVS.
SRI.A.ARUNKUMAR
SRI.S.SHYAM KUMAR
SHRI.SACHIN GEORGE ARAMBAN
SMT.NESILI NAZEER
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
EXTERNAL AFFIRMS, SOUTH BLOCK, SECRETARIAT
BUILDING, NEW DELHI, PIN - 110001
2 MINISTRY OF HOME AFFAIRS,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONAL AND ADMINISTRATIVE REFORMS, NORTH BLOCK,
NEW DELHI, PIN - 110001
3 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, ERINJIPPALAM,
KOZHIKODE, PIN - 673006
4 PASSPORT OFFICER,
PASSPORT ESEVA KENDRA KANNUR, SALISONS ENCLAVE,
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W.P.(C) No.8586 of 2025
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PADANNAPALAM, KANNUR, NEAR SAVITHA THEATRE,
KANNUR, PIN - 670001
BY ADVS.
SHRI.C.DINESH, CGC
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SMT. O.M. SHALINA, DSGI.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.8586 of 2025
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MOHAMMED NIAS C.P., J.
-------------------------------------------------
W.P.(C) No.8586 of 2025
-------------------------------------------------
Dated this the 18th day of February, 2025
JUDGMENT
The petitioner is the holder of a passport bearing
No.B8340114. He contends that he was not issued an Emigration
Check Not Required Passport (ECNR). The petitioner submits that
he has made an application for the re-issuance of an ECNR
passport.
2. The 3rd respondent, on instructions from the 4th
respondent, had informed the petitioner that the petitioner cannot
be issued with an ECNR passport, since the Board which issued
Exts.P1 and P2 certificates is not recognised by the Passport
Authority. Petitioner contends that the 2 nd respondent had
recognised the courses offered by the Jamia Urdu, Aligarh, for
recruitment under the Central Government by Office Memorandum
dated 28.06.1978, Ext.P4, relying on which the Madras High Court
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passed Ext.P5 judgment directing issuance of ECNR passport. A
reading of Ext.P4 dated 28.06.1978 issued by the Ministry of Home
Affairs shows that the courses offered by the Jamia Urdu, Aligarh
has been recognised for the purpose of recruitment under the
Central Government, and the details of the certificates are also
mentioned.
3. The Madras High Court in W.P.(C) Nos. 20866 and 24502 of
2018, also relying on Ext.P4, passed the judgment on 21.10.2019,
recording the submission on behalf of the Passport Authority
therein, that in view of the Office Memorandum dated 28.06.1978,
they were ready to provide ECNR facility and accordingly, the writ
petition was disposed of, directing the Passport Authority to issue
an ECNR passport with endorsement.
4. Learned counsel appearing for the Union of India would
submit that as per Ext.R3(a) dated 22.08.2022 issued by the Ministry
of External Affairs, informs that the responsibility of granting
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equivalence to Secondary/Senior Secondary School Examination
Boards in India for the purpose of admission of its students to
higher education institutions and for the purpose of Central/State
Government employment in India, is with the Association of Indian
Universities (AIU).
5. There is nothing on record which shows that Ext.P4 has
been recalled or that Ext.P5 judgment has been appealed against.
6. In view of the above, there will be a direction to the 3 rd
respondent to consider the application of the petitioner for re-
issuance of ECNR passport, if the application is otherwise in order
and pass orders in the light of Exts.P4 and P5, within one month
from the date of receipt of a copy of the judgment.
7. Learned counsel for the Union of India submits that
though the petitioner had taken an appointment, no formal
application has been filed. If that be so, the petitioner shall make a
fresh application at the earliest, to enable the Passport Authority to
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comply with the judgment of this Court within the time granted.
The writ petition is accordingly disposed of.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/18/02
2026:KER:14531
APPENDIX OF WP(C) NO. 8586 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE STATEMENT OF MARKS
DATED 04-11-2024 ISSUED BY THE DEPUTY
REGISTRAR JAMIA URDU ALIGRAH
Exhibit P2 A TRUE COPY OF THE CERTIFICATE NAMELY
‘ADEEB' DATED 04-11-2024 BY THE
DEPUTY REGISTRAR JAMIA URDU ALIGRAH
Exhibit P3 A TRUE COPY OF THE ONLINE APPOINTMENT
RECEIPT DATED 27-12-2024
Exhibit P4 A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 28-06-1978 ISSUED BY THE
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS OF THE MINISTRY
OF HOME AFFIRMS, GOVERNMENT OF INDIA
Exhibit P5 A TRUE COPY OF THE ORDER DATED 21-10-
2019 IN W.P.NO.20866 OF 2018 AND
W.M.P.NO.24502 OF 2018 OF THE HIGH
COURT OF JUDICATURE AT MADRAS
Exhibit P6 A TRUE COPY OF THE INFORMATION ISSUED
UNDER RIGHT TO INFORMATION ACT DATED
22-04-2015 ISSUED BY THE ASSISTANT
PUBLIC INFORMATION OFFICER BHARATHIYAR
UNIVERSITY
Exhibit P7 A TRUE COPY OF THE INFORMATION ISSUED
UNDER RIGHT TO INFORMATION ACT DATED
20-09-2023 ISSUED BY THE ASSISTANT
STATE PUBLIC INFORMATION OFFICER
MIZORAM BOARD OF SCHOOL, EDUCATION
RESPONDENT EXHIBITS
Exhibit R3(b) True copy of the Gazette Notification
No. 47 dated 20-26, November 2021
Exhibit R3(a) True copy of IOM No. VI/405/04/03/2016
dated 22.08.2022 issued by the Ministry
of External Affairs
PETITIONER EXHIBITS
Exhibit P8 A true copy of the communication dated
04-09-2023 issued by the General
Secretary, Council of Board of School
Education in India
Exhibit P9 A true copy of the communication dated
29-04-2024 issued by issued by the
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General Secretary, Council of Board of
School Education in India
RESPONDENT EXHIBITS
Exhibit R3 (d) True copy of the OM VI/405/04/17/2017
dated 24/10/2025 issued by the Ministry
of External Affairs
Exhibit R3 (c) True copy of OM dated 24/04/2017 issued
by the Ministry of Human Resource
development
