LAWS(GAU)-2020-12-4

RAJDEEP DAS Vs. UNION OF INDIA

Decided On December 07, 2020
Rajdeep Das Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. A.D. Choudhry, learned counsels for the petitioner. Also heard Mr. Ranjit Kr. Dev Choudhury, learned Assistant Solicitor General, Gauhati High Court along with Mr. H. Gupta, advocate for respondents Nos. 1, 2, 3 and 4 and Mr. A.M. Bora, learned senior counsel assisted by Mr. D.K. Baidya, appearing for the impleaded respondent No. 5, Medical Council of India.

(2.) The writ petitioner obtained his M.B.B.S degree from the Kathmandu Medical College under Kathmandu University in the year 2009 and thereafter obtained his Master of Science in Clinical Pathology (M.S.C.P) degree in the year 2011 from Gulf Medical University, Ajman UAE. He was also conferred Ph.D by the University of Adelaide, Australia, for his dissertation on

(3.) It is the case of the petitioner that in order to enable him to continue his research under the University of California, the petitioner is required to obtain a G-1 Visa to satisfy the terms of his appointment, which is required for holding a non-immigrant Visa issued by the Government of U.S.A to Research Scholar, Professor, Exchange Visitor participating in programme etc. The petitioner states that for obtaining G-1 Visa by any Indian Citizen, a certificate to the effect that there is "No Obligation to Return to India" issued by the competent authority of the Government of India. This certificate is commonly known as 'NORI' certificate. According to the petitioner, the NORI certificate is ordinarily issued by the Department of Higher Education, Ministry of Human Resource Development, Government of India. But for medical practitioners, the NORI certificate is issued by the Ministry of Health and Family Welfare, Government of India. The application for the certificate is required to be enclosed with all relevant documents/testimonials certificates is required to be submitted through the Web Portal available for seeking NORI certificate from the Government of India.