The right to stay in India as a student is subject to Indian laws and the VISA Rules, and no unfettered right can be claimed by a foreign student.

JUDGMENT

1. The instant writ petition has been filed by the petitioner challenging the orders dated 03.09.2019 & 04.09.2019 passed by the respondents whereby they cancelled Research/Stay VISA of the petitioner prematurely and further asked the petitioner to apply Exit Permit for leaving the country. The petitioner additionally seeks a direction to consider his case for issuance of Student Research VISA (Ph.D.) to pursue the said course in (D.B. SAW/1582/2019 and 2 more have been filed in this matter. Please refer the same for further orders) Vivekananda Global University, Jaipur and further not to deport the petitioner to his home country i.e. Yemen.

2. The brief facts, as pleaded in the writ petition, are that the petitioner being a national of Yemen country initially got admission in M.Tech. (Upstream) Course in Petroleum Engineering in the National Institute of Medical Sciences University, Jaipur (in short "NIMS University") in the year 2013 and he passed the said course in the year 2016. The petitioner got himself registered in NIMS University as research student to accomplish Ph.D. in Chemical Engineering in the year 2016.

3. The petitioner has pleaded that he came to know in the year 2019 vide letter issued by the State of Rajasthan dated 27.02.2019 that M.Tech. (Upstream) Course in Petroleum Engineering and Ph.D. in the subject of Chemical Engineering were not approved as per Schedule-II of the NIMS University Act.

4. The petitioner has pleaded that he was having a valid Student VISA to study in the NIMS University upto 11.04.2019 and due to non-issuance of bonafide certificate by the NIMS University, the petitioner filed S.B.Civil Writ Petition No.6128/2019 before this Court for issuance of NOC from NIMS University to change his institution.

5. The petitioner has pleaded that since his VISA was expiring on 11.04.2019 and no interim protection was given to him, he approached Division Bench of this Court by filing D.B.Civil Special Appeal (Writ) No.630/2019 and the Division Bench vide order dated 12.04.2019, disposed of the appeal by giving direction to the NIMS University to issue bonafide certificate to the petitioner (D.B. SAW/1582/2019 and 2 more have been filed in this matter. Please refer the same for further orders) and the Foreigners Regional Registration Officer (FRRO) was directed to extend the stay of the petitioner for at least ten days and the Union of India was directed to take decision with regard to issuance of VISA to the petitioner after considering the bonafide certificate, as per the law.

6. The petitioner has pleaded that after the order was passed by the Division Bench of this Court, the Foreigners Regional Registration Office, extended the VISA of the petitioner from 12.04.2019 to 11.04.2020.

7. The petitioner has pleaded that the NIMS University cancelled admission (registration) of the petitioner from Ph.D. Course and issued NOC to him to pursue Ph.D. from any other University/Institution. The petitioner, meanwhile, had applied for his registration of Ph.D. in Mechanical Engineering in three year program in Vivekananda Global University, Jaipur and admission letter was also issued to him on 07.10.2019, asking the petitioner to join on 25.10.2019.

8. The petitioner has pleaded that since he was issued a degree of M.Tech. as well as the NOC, as such, he withdrew his writ petition (S.B.Civil Writ Petition No.6128/2019).

9. The petitioner has pleaded that since he had filed writ petition against NIMS University and as such, the University authorities started writing letter to Foreigners Regional Registration Officer with ill motive as they wanted to see cancellation of VISA of the petitioner so that the petitioner could be sent back to his own country.

(D.B. SAW/1582/2019 and 2 more have been filed in this matter. Please refer the same for further orders)

10. The petitioner has pleaded that the respondents in an arbitrary manner issued impugned orders curtailing the term of his Stay VISA which was already grant