SIDDESH RAMESH VEER Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The petitioner has completed his Post Graduation in the medical field and has obtained MD degree from Smolensk State Medical Academy, Russia. The petitioner claims to have interest in pursuing medical research and research project management prospects. In September 2011 the petitioner passed the Foreign Medical Graduate Exam (FMGE) and received his National Medical Commission registration in May 2013. The petitioner between June 2013 to April 2017 had visited the United States of America (USA) on a visitor Visa status for meeting his mother who is a green card holder. During that time the petitioner applied for non-immigrant J-1 (Research Scholar) Visa so as to work on research programmes in the USA. The petitioner was offered Research Scholar position at various institutions and the petitioner intends to continue such research work. With that object in mind it is the case of the petitioner that an Indian citizen is required to change his Visa status from J-1 (Research Scholar) Visa to H1B Work Visa for waiving the condition of two years physical presence in India after the end of Visa period. For securing such waiver a No-Objection certificate indicating NORI issued by the Ministry of Health and Family Welfare, Government of India is necessary so that his Visa status could be changed from J-1 (Research Scholar) to H1B work Visa. The petitioner has since obtained such No-Objection certificate from the second respondent-State of Maharashtra. However similar request made to the Ministry of Health and Family Welfare has been turned down which fact has been informed to the petitioner by the communication dtd. 02/02/2022. It is this communication that is the subject matter of challenge in this writ petition.

(3.) Shri Y. S. Jahagirdar, learned Senior Advocate for the petitioner submitted that the rejection of the petitioner's request for issuance of No-Objection for NORI certificate was without any reason. The only mention found in the impugned communication is to the guidelines issued by the Ministry of Health and Family Welfare on 03/08/2021. Referring to the said guidelines it was submitted that NORI certificate was not to be issued in general. The same could be issued to a person attaining 65 years of age or a person satisfying the conditions mentioned therein. The said conditions were : (a) if Statement of Need (SON) had not been issued previously; (b) if the applicant was a Foreign Medical Graduate and had not qualified the eligibility test as per the IMC/NMC Act and (c) if the applicant did not have MCI/MNC/ State Medical Council registration. It was submitted that under ClauseC condition (a) had been satisfied as SON had not been issued previously to the petitioner. As regards conditions (b) and (c) it was stated that the petitioner was a Foreign Medical Graduate. Though he had qualified for the eligibility test-FMGE in September 2011, the petitioner had on 21/01/2022 surrendered his MCI/NMC medical license and registration. As a result though the petitioner had qualified in the eligibility test, he had surrendered his medical license and registration as a result of which the petitioner would not be in a position to practice as a medical doctor in India. Even otherwise it was submitted that the petitioner had never practiced as a medical doctor in India. Thus on reading clause (c) in its entirety there was no justifiable reason to deny the petitioner the No-Objection certificate for NORI. It ought to have been seen that it was not permissible for the petitioner to apply for a fresh J-1 (Research Scholar) Visa since his current J-1 (Research Scholar) Visa could operate only for the maximum period of five years.