Pay MBBS Fees As Per NRI Quota To Get Exit Permit: Karnataka High Court To US-Born Student Who Pursued Medical Under Govt Quota

The Karnataka High court has directed Union of India and the Bureau of Immigration to issue exit permit to a 26-year-old USA born student who misrepresented herself as Indian Citizen and pursued MBBS course under government quota, subject to her paying fees of the MBBS course at the rate that would be charged to NRI/overseas citizen of India.

A single judge bench of Justice M Nagaprasanna took a lenient view and partly allowed the petition filed by Dr. Bhanu C Ramachandran.

The bench said “The petitioner has shamelessly resorted to falsehood and achieved her goals by unethical means. The petitioner is not even wanting to pursue her career in this country, having secured benefits throughout her career contending that she is an Indian.”

It added “But she is a student, who would not be aware of the consequences of law or consequences of the aforesaid breach and falsehood. Therefore, this Court would direct the respondents – the Union of India and the Bureau of Immigration, to hold their coercive arm of law to be stretched upon the petitioner in the peculiar facts of this case. Subject to the condition that the petitioner would pay all the fees, for all the five 5 years of the MBBS course at the rate of the fee that would be charged to NRI/overseas citizen of India.”

The petitioner was born in the USA to Indian parents and residing in the USA in 1997. On the birth of the petitioner, the parents of the petitioner registered her birth before the Indian Embassy in the USA.

Later, the petitioner was also issued a passport of the USA. On the strength of the said passport which was valid till 12-09-2004, the petitioner entered India on a tourist Visa on 23-06-2003, at which point in time, the petitioner was aged 6 years and a minor.

She was admitted to the Primary School and in due course she completed her education up to 12th standard or the Pre-University. On 05.02.2015 the petitioner attains the age of 18 years and on 30.03.2015 finding herself eligible to take the Common Entrance Test, 2015 (‘CET’) which was being conducted by the Karnataka Examinations Authority, applies, participates by declaring her nationality to be an Indian and secures 571st rank and was allotted medical seat in the Mandya Institute of Medical Sciences under the quota reserved for candidates sponsored by Government.

The petitioner completes her MBBS. However, she did not renounce her citizenship or the nationality of the USA after becoming a major. She applies for a fresh passport with the US Consulate General which accepts the application of the petitioner and grants a passport of the USA to be valid till 16-03-2022. After acquisition of the said passport on 17-03-2021, the petitioner filed an application before the Bureau of Immigration for grant of exit permit, which was refused. Following which she approached the court.

The petitioner contended that when the petitioner came to India in the year 2003 she was a minor and the mother was a single parent. She was unaware of the consequences of either the Citizenship Act of the country or nuances of the passport.

Further, in terms of Section 4(1)(b) and 4(1A) of the Citizenship Act, 1955 the petitioner is deemed to be declared to be Indian as the birth of the petitioner was registered in the Indian Consulate at USA. Moreover, since 2003 she has been residing in India and, therefore, on the basis of domicile she is entitled to a citizenship and a consequent exit permit to move out of the country and pursue her career in the USA. The refusal to issue exit permit or any other no objection would take away the fundamental right of the petitioner to travel.

Deputy Solicitor General of India H Shanti Bhushan sought dismissal of the plea contending that “The stay of the petitioner from 2003 after expiry of tourist Visa is unlawful and contrary to the Foreigners Act, 1946. By no stretch of imagination the petitioner can claim to be a citizen of this country, more so, in the light of the fact that she is declared to be a citizen of the USA in the year 2021 and a passport being US citizen is also issued to her.

Court findings:

On going through the records the bench noted the petitioner has secured all the necessary requirements to stay in India without being an Indian.

Refusing to accept the contention of petition that she is a deemed citizen of this country by descent in terms of the Citizenship Act, 1955. The bench referred to Section 4 of the Act which pertains to Citizenship by descent.

It said “Section 4(1-A) depicts that a minor who is a citizen of India by virtue of Section 4 and is also a citizen of any other country shall cease to be citizen of India, if he or she would not renounce citizenship or nationality of another country, within six months of attaining full age.”

Following which it held “Therefore, in terms of the afore-quoted mandate of the statute, though the petitioner is born outside India cannot be conferred citizenship by descent as she has not renounced the citizenship of the USA within six months as mandated under the statute.”

Noting that the petitioner having no legal right/citizenship to stay in the country does not make any effort to continue the career in the country but applies for re-issuance of passport by the USA contending that she was born in the USA, she was a citizen of the USA and her passport had expired.

It then remarked “What is reprehensible is that, the petitioner throughout has projected herself to be an Indian, on such projection, completes her second year Pre-University course, applies for CET-2015, secures admission under a Government quota as an Indian, thus takes away the seat of a genuine Indian who would have secured the said seat under the Government quota, pursued the career on the qualification so acquired.”

It added “The petitioner does not stop at that, on her desire to continue higher education and settle down in the US on a basic qualification of MBBS acquired in this country, on the strength of the aforesaid falsehood, gets her passport of the US renewed/reissued. The petitioner now seeks to project that she is deemed to be a citizen of this country and in the same breath, seeks citizenship of the US on the ground that she was never a citizen of this country.”

Following which it opined “In no manner under the Act, the petitioner can claim to be a citizen of this country either by descent or domicile as she comes into the country on a tourist Visa, therefore, the stay of the petitioner is on the face of it, unauthorised. Action ought to have been initiated against the petitioner under section 14 the Foreigners Act, 1946.”

Further it expressed “No citizen who is not a citizen of this country can be permitted to stay in the country beyond the period indicated in the Visa except, with express approval of respondent Nos.1 and 3 or any other exceptional circumstances bringing it to the notice of the authorities. No flexibility can be shown qua Section 4 of the Citizenship Act or Section 14 of the Foreigners Act, as any flexibility would lead to tourists or immigrants overstaying in the country, which would sometimes become detrimental to the nation. Therefore, the respondents would be well within the four corners of law to initiate any proceedings against the petitioner.”

Following which it held “The exit permit is directed to be issued subject to the aforesaid condition, all, again, owing to peculiar facts of the case and the conduct of the petitioner misrepresenting herself to be an Indian, snatching away the career of an Indian. In the aforesaid circumstances, if the petitioner is left off the hook without any condition, it would be putting a premium on the misrepresentation that she has made throughout calling herself to be an “Indian Citizen”.”

Case Title: Dr Bhanu C Ramachandran And Union of India

Case No: WRIT PETITION No.24609 of 2021

Citation: 2023 LiveLaw (Kar) 113

Date of Order: 16-03-2023

Appearance: Advocate Kiran B S for petitioner.

DSG H Shanti Bhushan a/w CGC Reshma K Thammaiah for R1, R3.

AGA B V Krishna FOR R2 AND R5.

Advocate N.K.Ramesh FOR R4

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