Point of Law: Respondents in refusing to issue NOC for NORI Certificate is in breach of their mandatory duty and legal obligation to issue such certificate which certificate can be issued only by respondents for releasing students having obtained medical degree from their obligation not to return to India and none else - Court has ample powers to issue writ of mandamus to direct respondents to issue NOC for NORI certificate or NORI certificate itself.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Mr. Govilkar, learned counsel for the respondents waives service. By consent of all parties, writ petition is heard finally.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting aside the impugned communication dated 9th June, 2020 issued by the respondent no. 1(a) and also the communication dated 22nd March, 2021 issued by the respondent no. 1(b) rejecting the application/representation made by the petitioner for No Objection Certificate for ‘No Objection to Return to India Certificate’ (for short ‘NORI Certificate’).

Some of the relevant facts for the purpose of deciding this petition are as under:

3. Sometime in the year 2011, the petitioner enrolled herself in a private deemed university namely D.Y. Patil Medical College for pursuing the Bachelor of Medicine/Surgery degree (MBBS). It is the case of the petitioner that since she was not interested in practicing as a Doctor, she did not enroll her in a Government college which provides medical education at very subsidized or no fees in return for a mandatory bond. In the year 2017, the petitioner completed her one year internship mandated under the MBBS course and graduated with her MBBS degree with distinction in her university exams and accomplished first rank under the Maharashtra Medical Councils Act. The Registration is valid for a period of five years.

4. The petitioner and her family applied for the United States Citizenship and Immigration Services, formed under the Department of Homeland Services of USA (for short ‘USCIS’) for availing family Immigration. The Aunt of the petitioner i.e. real sister of the petitioner’s father is a citizen of the United States of America. She has sponsored and applied for the family based immigration as per US Laws by filling petition I-130 with the US immigration authorities some time in 2004. It is the case of the petitioner that her family’s application was approved by USCIS on 15th October, 2009. The petitioner started looking for professional opportunities for doing academic research in USA in alignment with the petitioner’s and her family’s plans to immigrate to the USA and in furtherance of her academic inclinations. The multi-faceted research programs available in USA enable graduates to gain experience to conduct research, observe, teach and consult in connection with research projects.

5. It is the case of the petitioner that during the period between 20th June, 2017 and 20th June, 2019, the petitioner accepted an internship, which was offered to her by Hospital for Special Surgery in US. This role did not involve patient contact or clinical privileges. In the month of August 2017, the petitioner applied for a J-1 Visa (Research Scholar Visa). The employer of the petitioner issued DS-2019 work authorization forms extended annually. It is the case of the petitioner that the petitioner cannot reside in USA on J-1 Research Scholar Visa beyond five years.

6. On 20th May, 2019, the petitioner’s family’s interview at the US Embassy in Mumbai was finally scheduled. However, since the petitioner was engaged with research work, upon her request it was postponed to April 2020. In the month of August/September 2019, the twin sister of the petitioner i.e. Aditi Vaishnav also completed her MBBS degree and was also engaged in research work. She also applied for US Green Card and attended her interview at the US Embassy in Mumbai. She was asked to furnish a NORI Certificate to complete her immigration process, since she possessed J-1 Visa. Same condition was made applicable to the petitioner also.

7. The petitioner was required to obtain NOC from the respondent no. 1(b) in case of Medical Professionals and Doctors and respondent no. 1(a) in other cases. On 9th March, 2020, the petitioner being a Medical graduate, applied to respondent no. 1(b) for seeking NOC for NORI Certificate.

8. It is the case of the petitioner that in th