Khub Ram vs Union Of India And Others

Sandeep Sharma, J

By way of instant petition filed under Art.226 , petitioner has prayed for following main reliefs:

a. ”To direct the respondent No-2 to considered 10th Class certificate of the petitioner as legal and valid for all intent and purpose.

b. To directed the respondent No.2 to reissue the passport to the petitioner with Non ECR Status.”

Since certificate of tenth, Annexure P-2 furnished by the petitioner herein was not being considered by Regional Passport Officer for changing the educational status of the petitioner in Indian passport issued in his favour, he approached this court in the instant proceedings, praying for the reliefs, as have been reproduced herein above.

On 22.8.2023, this court, directed learned Deputy Solicitor General of India to have instructions. Today, after having obtained instructions from the Regional Passport Officer, learned Deputy Solicitor General of India states that the prayer made on behalf of the petitioner for changing educational status in his passport shall be duly considered on the basis of tenth certificate issued in his favour by Grameen Mukt Vidhyalayi Shiksha Sansthan.

It appears that earlier certificate issued by Grameen Mukt Vidhyalayi Shiksha Sansthan was not being considered by Regional Passport Officer, as the same was not recognized by Himachal Pradesh Board of School Education, however, this court finds that vide Notification 18.10.2021 (Annexure P-8) Himachal Pradesh Board of School Education has already clarified that persons who had taken admission in Grameen Mukt Vidhyalayi Shiksha Sansthan before 1. 12.2017 and after 5.2.2019 shall not be recognized. However persons who had taken admission in Grameen Mukt Vidhyalayi Shiksha Sansthan between 1.12.2017 to 5.2.2019 shall be eligible for recognition by Himachal Pradesh Board of School Education. Since the petitioner was issued tenth certificate by Grameen Mukt Vidhyalayi Shiksha Sansthan on 30.7.2018, objection if any with regard to validity cannot be otherwise raised by Regional Passport Officer, while considering prayer of the petitioner for change of educational status in passport issued in his favour.

In view of discussion made herein above and fair statement made by learned Deputy Solicitor General of India, present petition is disposed of with a direction to Regional Passport Officer Shimla to consider and decide prayer of the petitioner for change of educational status in Indian passport issued in his fvaour, on the basis of tenth certificate furnished by him expeditiously, preferably within a period of four weeks..

The petition stands disposed of in the afore terms, alongwith all pending applications.