Allowed

Johaan George v. State of Kerala

Kerala HC28 Oct 2021WP(C)/20388/2021

Case brief

AI extract

What is this about?

In this writ petition, a student sought admission under the NRI quota for M.B.B.S course after his application was rejected due to ambiguous document requirements. The Court directed that the sponsor's Australian passport with apostille and cancelled Indian passport suffice to establish NRI/OCI status for admission processing.

What did the court decide?

Petitioner required to submit sponsor's Australian passport and cancelled Indian passport attested by Apostille. Commissioner to process application under NRI quota based on these deemed sufficient do

Johaan George Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 28^TH DAY OF OCTOBER 2021 / 6TH KARTHIKA,

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1943

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WP(C) NO. 20388 OF 2021

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PETITIONER:

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JOHAAN GEORGE AGED 18 YEARS NEDIYANIKUZHIYIL HOUSE, PIRAVOM, ERNAKULAM DISTRICT-686664.

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BY ADVS. SRI.P.M.SANEER SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

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2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM-695001.

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3 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE ANNEX, TILAK MARG, NEW DELHI-110001.

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4 ADDL.4TH RESPONDENT IMPLEADED:

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WP(C).No.20388 of 2021

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THE DIRECTOR, MINISTRY OF HOME AFFAIRS (FOREIGNERS DIVISION), GOVT. OF INDIA, NEW DELHI

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(THE ADDL.4TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDER DATED 28.10.2021)

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BY ADV GOVERNMENT PLEADER SRI.RANJITH K.R BY ADV.SRI.JAISHANKAR V.NAIR, CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20388 of 2021

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JUDGMENT

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A.K.Jayasankaran Nambiar, J.

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This Writ Petition is preferred by a student aspiring for admission to the M.B.B.S Course under the NRI quota for the academic year 202122 in the Self Financing Medical Colleges of the State. In the Writ Petition it is his case that he is being sponsored by his maternal uncle, who is settled in Australia after having taken Australian citizenship. The immediate provocation for approaching this Court through the Writ Petition was the information obtained by the petitioner that his application for consideration under the NRI quota was rejected by the Commissioner for Entrance Examinations, inter alia, on the ground that, he had not produced valid documents to show that his sponsor answered to the description of an NRI as per the Prospectus issued in connection with the admission procedure.

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When the matter came up before us on 07.10.2021, we interacted with the Commissioner for Entrance Examinations, the 2^nd respondent herein, through video conferencing, with a view to ascertaining what documents were required to be uploaded by the

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WP(C).No.20388 of 2021

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petitioner for the purposes of establishing that his sponsor was a Non Resident Indian competent to sponsor him for the Medical Course that he intended to pursue. The 2^nd respondent then informed us that while the Prospectus and Notification issued were vague with regard to the specification of documents required to be produced by candidates to show the status of the sponsor, the Government had to follow the guidelines issued by the Central Government as regards documents required to establish one's status as an NRI.

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Taking note of the ambiguity presented by this Writ Petition, we thought it appropriate to direct the Director, Ministry of Home Affairs (Foreigners Division), to be present at the virtual hearing of this Court today so as to clarify our doubts regarding the nature of documents that were required to establish the status of a person as an Overseas Citizen of India (OCI), which category of persons could in turn be treated as NRIs for the limited purposes specified in the Ministry of Home Affairs Notification dated 04.03.2021. The Director, Ministry of Home Affairs (Foreigners Division) Sri.P. C. Joshi clarifies that for a person to establish himself as an Overseas Citizen of India he would be required to make an appropriate application to the Ministry of External Affairs enclosing documents that would evidence that he is a citizen of a foreign country and that he had, at some time in the past, a link with

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WP(C).No.20388 of 2021

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India. On the facts of the instant case, the sponsor of the petitioner has in his possession a valid Australian Passport, as also a cancelled Indian Passport. Taking note of the above, we are of the view that so long as the petitioner's sponsor makes available copies of the Australian Passport, as also the cancelled Indian Passport, duly attested by the Apostille in Australia, that would suffice for the Commissioner of Entrance Examinations to examine the candidature of the petitioner under the NRI quota subject to the petitioner satisfying the other conditions required for consideration of his candidature under NRI quota. Accordingly, we dispose the Writ Petition with the following directions:

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On the petitioner producing a copy of the Australian Passport of his maternal uncle Sri.Anand Sebastian, together with a copy of his surrendered Indian Passport, both duly attested by the Apostille in Australia, before the 2^nd respondent Commissioner for Entrance Examinations, the latter shall process the application of the petitioner, by deeming the said documents as sufficient to establish the status of the petitioner's sponsor as an Overseas Citizen of India/NRI.

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WP(C).No.20388 of 2021

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The Commissioner for Entrance Examinations shall thereafter consider the application of the petitioner for admission to the M.B.B.S Course in the Self Financing Medical Colleges in the State under the NRI quota based on the requirements specified in the Prospectus issued in connection with the admissions for the academic year 202122.

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The said process shall be completed by the Commissioner for Entrance Examinations within the time permitted for the same under the prospectus/government orders.

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The submission of documents before the Commissioner can be done either through physical mode or through e-mail, and if submitted within 10 days from today, the Commissioner shall accept and process the same as directed above.

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We make it clear that the directions issued above were necessitated in view of the peculiar facts and circumstances presented through the Writ Petition and the said directions shall not be treated as

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WP(C).No.20388 of 2021

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a precedent to be followed in subsequent cases where a person is required to produce an Overseas Citizen of India Card for the purposes of establishing his/her credentials before any authority in the country.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/- MOHAMMED NIAS C.P. JUDGE

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mns

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WP(C).No.20388 of 2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.CEE.3600/KEAM-2021/TA2 DATED 31.05.2021 ISSUED BY THE 2ND RESPONDENT.

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Exhibit P2 TRUE COPY OF THE COMPUTER GENERATED ACKNOWLEDGMENT KEAM 2021 AS APPLICATION NO.1166816 DATED 10.06.2021. Exhibit P3 TRUE COPY OF THE SPONSOR SHIP CERTIFICATE ISSUED BY THE ANAND SEBASTIAN.

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Exhibit P4 TRUE COPY OF THE 1ST PAGE OF THE SSLC BOOK OF ANAND SEBASTIAN ISSUED BY THE ST.VINCENT ENGLISH MEDIUM SCHOOL, PALA.

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Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PIRAVOM NO.171/21 DATED 7/6/2021.

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Exhibit P6 TRUE COPY OF THE PASSPORT NO.PA6469735 OF ANAND SEBASTIAN.

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Exhibit P7 TRUE COPY OF THE EMPLOYMENT CERTIFICATE DATED 1.4.2021 OF ANAND SEBASTIAN.

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Exhibit P8

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TRUE COPY OF THE PRINT OUT OF THE

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WP(C).No.20388 of 2021

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STATUS OF THE APPLICATION OF THE PETITIONER APPEARED IN TH WEBSITE.

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Exhibit P9 TRUE COPY OF THE PRINTOUT OF THE STATUS OF THE APPLICATION OF THE PETITIONER APPEARED IN THE WEBSITE.

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Exhibit P10 TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE SPONSOR DATED 14.09.2021.

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Exhibit P11 TRUE COPY OF THE EXPLANATION DATED 16.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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Exhibit P12 TRUE COPY OF THE OFFICE MEMORANDUM OF THE MINISTRY OF EXTERNAL AFFAIRS NO.Q/01/433/2/2020 DATED 18.11.2020.

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Exhibit P13 TRUE COPY OF THE MEMO SHOWING THE STATUS OF THE APPLICATION OF THE PETITIONER APPEARED IN THE WEBSITE OF THE 2WND RESPONDENT.

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Exhibit P14 TRUE COPY OF THE EXPLANATION DATED 25.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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Exhibit P15	TRUE	COPY OF	THE NOTIFICATION
	NO.CEE	/3600/KEAM-2	021/TA2 DATED
	23.09.	2021.

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Exhibit P16 A TRUE COPY OF THE PUBLIC NOTARY ATTESTED CERTIFICATE DATED 1.10.021 OF PETITIONERS SPONSOR ANAND SEBASTIAN

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WP(C).No.20388 of 2021

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Exhibit P17 A TRUE COPY OF THE RELATIONSHIP CERTIFICATE NO-60049018 ISSUED BY THE VILLAGE OFFICER MOONNILAVU VILLAGE DATED 1.10.2021

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Exhibit P18 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER MOONNILAVU NO639/2021 DATED 1.10.2021 SHOWING THE DATE OF BIRTH OF THE FATHER OF THE SPONSOR.

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EXHIBIT P19 A TRUE COPY OF THE PASSPORT COPY OF THE FATHER OF THE SPONSOR KADATHIL SEBASTIAN NO (H8249804)

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RESPONDENT EXHIBITS:

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ANNEXURE R2(A): A TRUE PHOTOCOPY OF G.O(RT) NO.375/2020/H&FWD DATED 22.02.2020

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//TRUE COPY//

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P.A TO JUDGE

Johaan George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Johaan George v. State of Kerala

Case brief

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What did the court decide?

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