ALIREZA ASGHARYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the application for extension of visa for a period of six months instead of directing the petitioner to arrive on fresh visa.

(2.) THE petitioner is a citizen of Islamic Republic of Iran. He had arrived to India on a valid passport and the visa granted to him in that regard. He had joined the BDS course of Rajiv Gandhi University of Health Sciences by admitting himself to a college affiliated to the said University. Presently the visa issued to the petitioner has expired though the same had been extended up to 19.09.2015. It is in that view the petitioner is before this Court seeking for issue of mandamus to issue a direction to the respondents to permit him to stay in this country and pursue his education.

(3.) THE respondents have filed their objection statement. The respondents have contended that despite the petitioner having joined the course in the year 2012 and his visa being extended for the last time from 30.09.2014 to 19.09.2015, the petitioner has neither shown progress in his studies nor has shown inclination to complete the course in the scheduled period. As such it is contended that the petitioner is using the course as a ruse to continue in this country. Hence, it is the case of the respondents that in the matter of the present nature, the request as made by the petitioner cannot be considered and if the petitioner is interested to pursue the course, the only option open to the petitioner is to go back to his country and return after the fresh visa is issued to him.