Police verification failed Police verification failed

4 months ago

I applied for a passport and got police verification failure which stated that the person is a citizen of Nepal . I’ve all the required document be it voter id birth cert. Adhar pan etc . I’ve closed my file last year but I want to apply again . What will be the next proceed or will I face any difficulty?

Anik

Responded 3 months ago

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A.Dear Client,
In this situation, you have the option to approach the High Court under Article 226 of the Indian Constitution to seek a directive compelling the relevant authority to issue a Police Verification Certificate. The fundamental principle of administrative law is that a public authority must operate within its prescribed powers, and any action beyond these powers is deemed ultra vires. Article 226(1) empowers every High Court to issue orders or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for enforcing fundamental rights and other purposes. Specifically, a writ of mandamus can be sought to instruct an inferior government official to properly fulfill their official duties or rectify an abuse of discretion.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In the given situation, you can approach the High Court under Article 226 of the Constitution of India for a direction to the concerned authority to issue a Police Verification Certificate. A public authority cannot act outside its powers and called the ultra vires is the central principle of administrative law. Article 226(1) of the Indian Constitution states that every High Court shall have powers to issue orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any person or any government for the enforcement of fundamental rights and for other purpose. A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
Better you approach the High Court and get a direction from it accordingly the Police may clear PCC.
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Vidhi Samaadhaan Vidhi Samaadhaan

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