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SANJEEV NARULA
Kshitij Gupta – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sanjeev Narula, J.
1. Mr. Kshitij Gupta, a citizen of the United States of America holding the status of an Overseas Citizen of India, [“OCI”] has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950. He challenges the denial of his application for special work permission, as communicated to him on 3rd July, 2024 by the Foreigners Regional Registration Office, [“FRRO”] Respondent No. 3. The permission was sought in connection with an employment offer extended to him by the British High Commission, New Delhi for the post of Country Based Clearance Officer at Grade – Executive Officer. The requirement for an OCI cardholder to obtain a special work permit, prior to employment in any diplomatic mission in India is stipulated in notification dated 4th March, 2021, issued by the Ministry of Home Affairs., [“MHA”]
FACTURAL MATRIX
2. The backdrop leading to present petition is as follows:
2.1. The Petitioner is a citizen of the United States of America since 17th September, 2008 and was issued an OCI card on 28th September, 2009. He currently resides in New Delhi, India with his parents after returning from the U.S.A.
2.2. In October, 2023, the P
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