MS. YANGCHEN DRAKMARGYAPON vs UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 02.02.2026 + W.P.(C) 16380/2024 and CM APPL.69074/2024 MS. YANGCHEN DRAKMARGYAPON .....Petitioner Through: Mr. Sanjay Vashishtha, Advocate along with Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, Advocates. versus UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS & ORS. .....Respondents Through: Mr. Mukul Singh, CGSC along with Ms. Ira Singh and Mr. Aryan Dhaka, Advocates for UOI. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT % 1. The petitioner has filed the present petition praying as under – “A. Issue an order / Writ / direction under Article 226 of the Constitution of India in the nature of Mandamus directing the Respondents to issue Indian Passport to the Petitioner. B. Issue an order / Writ under Article 226 of the Constitution of India or any other appropriate writ recognising the Citizenship of India of the Petitioner in view of section 3(1) (a) of the Indian Citizenship Act, 1955.” 2. The petitioner claims to be a Tibetan refugee by descent, born in Dharamshala, Himachal Pradesh, India on 15.05.1966, and thus an Indian Signature Not Verified W.P.(C) 16380/2024 Page 1 of 38 Digitally Signed By:ROHIT KUMAR PATEL Signing Date:03.02.2026 18:33:25 citizen by birth under Section 3(1)(a) of the Citizenship Act, 1955. The said section provides that every person born in India on or after 26.01.1950, but before 01.07.1987, is a citizen of India by birth, unless covered by exclusions under Section 3(2), which, it is submitted, are not applicable in her case. In order to establish its place of birth in India, the petitioner has annexed an Indian Identity certificate where the petitioner’s place of birth is mentioned as Dharamshala, Himachal Pradesh. 3. The ba