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PANKAJ MITHAL, MANINDRA MOHAN SHRIVASTAVA
Khalid Ahmed Ghilan Amran, S/o Shri Ahmed Ghilan Amran – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The petitioner-appellant who is a foreign national has preferred this intra-court appeal against the judgment and order dated 18.10.2022 passed by the learned Single Judge dismissing S.B. Civil Writ Petition No.17905/2019-Khalid Ahmed Ghilan Amran Vs. The State of Rajasthan & Ors..
2. The petitioner is a national of Yaman country. He got admission in M.Tech (Upstream) Course in Petroleum Engineering in the National Institute of Medical Sciences University, Jaipur (in short, ‘NIMS’) in the year 2013. He passed out the said course in the year 2016. Thereafter, he got himself registered in NIMS as a research student for Ph.D. in Chemical Engineering in the year 2016 itself.
3. The petitioner-appellant learnt that the M.Tech.(Upstream) Course in Petroleum Engineering and that of Ph.D. in Chemical Engineering to which he took admission were not the approved Courses as per the Schedule-II of the NIMS Act. In the above situation, the petitioner-appellant wanted to switch over in some other University for which NOC was not issued by the NIMS.
4. The petitioner-appellant, therefore, preferred S.B. Civil Writ Petition No.6128/2019 before this Court for a direction upon the NIMS to
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 : Foreigners also enjoy some fundamental right under the Constitution of this country, is also of not much help to them. The fundamental right of the foreigner is confined to Article 21 ....
Section 4 of Act runs as citizenship by descent.
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....
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.
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