BHANU C. RAMACHANDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the 1st and 3rd respondents/Union of India and the Bureau of Immigration to issue exit permit to the petitioner and has further sought a writ in the nature of prohibition restraining the respondents from initiating any action against the petitioner.

(2.) Shorn of unnecessary details, the facts in brief, are as follows:- The petitioner is born to one Sri N.Ramachandran and Smt. Nagamani Ramachandran both of whom were citizens of India and residents of United States of America ('USA'). The petitioner was born on 5/2/1997 in Nashville, Tennessee, USA. On the birth of the petitioner, the parents of the petitioner registered her birth before the Indian Embassy in USA. Later, the petitioner was also issued a passport of USA. On the strength of the said passport which was valid till 12/9/2004, the petitioner enters India on a tourist Visa on 23/6/2003, 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 completes her education up to 12th standard or the Pre-University. On 5/2/2015 the petitioner attains the age of 18 years and on 30/3/2015 finding herself eligible to take the Common Entrance Test, 2015 ('CET') which was being conducted by the 4th respondent/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 education i.e., MBBS.

(3.) The petitioner did not renounce her citizenship or the nationality of 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 USA to be valid till 16/3/2022. After acquisition of the said passport on 17/3/2021, the petitioner files an application before the Bureau of Immigration for grant of exit permit. Refusal of grant of exit permit to the petitioner to pursue further studies in USA is what drives the petitioner to this Court in the subject petition.