Absence of one parent’s consent is not a statutory ground for refusing a minor’s passport.

The petitioner, a minor represented by her mother and natural guardian, Smt. Renu Sharma, sought a writ of mandamus directing the Regional Passport Officer to issue a passport without the consent or signature of her father, Mr. Shyam Sunder Sharma

The respondent authorities were unable to establish communication with the father despite efforts to contact him

While no other impediment existed, the lack of a No-Objection Certificate (NOC) from the father led to the withholding of the passport

1. Whether the absence of a single parent's NOC or signature constitutes a valid statutory ground for the refusal of a passport under the Passports Act, 1967

2. Whether the passport authorities can issue a passport to a minor based on a declaration by a single parent under the existing Passport Seva procedures

Section 6(2) of the Passports Act, 1967, which exhaustively lists the grounds for refusal of a passport, noting that the absence of a parent's consent is not a statutory ground for refusal

Annexure ‘C’ of the Passport Seva/Passport Issuing Authority manual, which allows a single parent to provide a declaration and undertaking when the other parent’s consent cannot be obtained

Precedents from Juvairiya v. Union of India and Rabeeha v. Union of India, establishing that a sworn affidavit/declaration by the custodial parent is sufficient for the issuance of a minor's passport.

The court reasoned that since Section 6(2) of the Passports Act provides an exhaustive list of grounds for refusal—none of which include the absence of a father's consent—the authority cannot arbitrarily deny the application

The court observed that the passport regime itself contemplates "Annexure C" specifically for situations where a parent is willfully denying consent or has deserted the family

By citing Juvairiya, the court highlighted that it is not mandatory for an applicant parent to produce a court order of custody or the other parent's consent if a proper affidavit is submitted

In this case, since the authorities failed to contact the father and the law does not treat the absence of his consent as an absolute bar, the petitioner was eligible for the passport upon fulfilling the procedural declaration requirements

The court directed the respondents to issue the passport to the minor petitioner within thirty days of receiving the order. The court reserved liberty for the father to seek revival of the petition should he have any legitimate objections. The petition was disposed of with these directions.