ASHOK KUMAR GAUR
Khalid Ahmed Ghilan Amran – Appellant
Versus
State Of Rajasthan – Respondent
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
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.
Point of Law : Where right of a person was adversely affected by an order passed by the authorities, he is entitled to pre-decisional notice or even to postdecisional hearing, depending upon the fact....
Section 4 of Act runs as citizenship by descent.
The guidelines of the National Overseas Scholarship cannot unjustly exclude candidates from pursuing research topics related to India, supporting access to education for marginalized groups.
The NOS Guidelines did not exclude India-centric research topics at the relevant time, and the scheme aims to provide avenues of higher learning to marginalized students.
The main legal point established is that guidelines should not restrict exceptional cases, and individuals solely interested in medical research, not intending to practice medicine, are entitled to t....
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