Disposed

Khalid Ahmed Ghilan Amran S/O Shri Ahmed Ghilan Amran v. the State of Rajasthan

Rajasthan HC12 Apr 2019SAW/630/2019

Case brief

AI extract

What is this about?

This appeal concerned a foreign student whose visa expired because the university withheld a bonafide certificate. The court directed the university to issue the certificate upon application and ordered the registration officer to grant a ten-day stay for the visa extension. Stay Application No. 6465/2019 was also disposed of. Bench at Jaipur.

What did the court decide?

Respondent No. 5 to issue Bonafide Certificate; Foreign Regional Registration Officer to extend stay of visa for ten days for Union of India to decide.

Khalid Ahmed Ghilan Amran S/O Shri Ahmed Ghilan… — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Special Appeal (Writ) No. 630/2019

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S.B. Civil Writ Petition No. 6128/2019

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Khalid Ahmed Ghilan Amran S/o Shri Ahmed Ghilan Amran, R/o at present 3/5, Nagar Nigam Colony, Amer Road, Jaipur.

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----Appellant/Petitioner

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Versus

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The State of Rajasthan, through its Addl. Chief Secretary, Department of Higher & Technical Education, State Government of Rajasthan, Secretariat, Jaipur.

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The Ministry of Human Resources Development, Government of India, through its Secretary, Shastri Bhawan, Dr. Rajendra Rasad Road, New Delhi 110001

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The University Grant Commission, through its Chairman, Bahadur Shah Zafar Marg, New Delhi-110002

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The Foreigner’s Registration Office, through its Zone Officer, Jalebi Chowek, JDAMarket, Near City Palace, Jaipur 302016.

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National Institute Medical Science University, Rajasthan, Jaipur through its Registrar, Shobha Nagar, Jaipur- Delhi High Way, Jaipur, Rajasthan 303121.

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----Respondents

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For Appellant(s) : Mr. S.P. Mathur. For Respondent(s) : Mr. S.S. Hora; Mr. R.D. Rastogi, Additional Solicitor General assisted by Mr. C.S. Sinha and Mr. Akshay Bhardwaj.

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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12/04/2019

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The appellant is a resident of Republic of Yemen Nationality, who came to India as a student in the year 2013 to study M.Tech course in Petroleum Engineering (Upstream) with

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(2 of 3)

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[SAW-630/2019]

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Respondent No. 5, National Institute of Medical Sciences University, Jaipur (for short ‘the University’) in the State of Rajasthan. After completing the said course, appellant got Research VISA to pursue Ph.D. in the subject of Chemical Engineering and got admission with the University. Owing to certain disputes, the University has withheld Bonafide Certificate of the appellant, as a result of which he could not apply for extension of his VISA in time, which has expired on 11.04.2019. Learned Single Judge vide impugned order dated 04.04.2019 has declined to pass any interim order in his favour. Aggrieved thereby, the appellant has approached this Court by way of present appeal.

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During the course of arguments, learned counsel for the appellant submitted that the appellant shall approach the Registrar of the respondent No. 5-National Institute of Medical Sciences University by filing appropriate application undertaking to study and complete Ph.D. Course in Chemical Engineering.

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Mr. S. S. Hora, learned counsel appearing on behalf of Respondent No. 5-University submits that the University shall tomorrow itself hand over the Bonafide Certificate of the fact that the appellant is pursuing the aforesaid course with the University for Union of India to consider extension of VISA of the appellant.

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Mr. R.D. Rastogi, learned Additional Solicitor General appearing on behalf of Union of India submitted that Bonafide Certificate issued by the respondent No. 5-University along with other requisite documents be submitted by the appellant to the Foreign Regional Registration Officer at Jaipur by tomorrow itself, as the VISA of the appellant has already expired on 11.04.2019.

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In view of above, the appeal is disposed of with direction to Respondent No. 5-National Institute of Medical Sciences

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(3 of 3)

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[SAW-630/2019]

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University to issue aforesaid Bonafide Certificate on the appellant submitting appropriate application in the aforementioned terms to the Registrar of the University tomorrow itself and the Foreign Regional Registration Officer, Jaipur shall extend stay of the appellant, for at least ten days, within which time, Union of India shall take the decision with regard to issuance of VISA of the appellant, after considering the aforesaid Bonafide Certificate, as per the law.

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Stay Application No. 6465/2019 also stands disposed of.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),Acting CJ

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MANOJ NARWANI /95

Khalid Ahmed Ghilan Amran S/O Shri Ahmed Ghilan Amran v. the State of Rajasthan

Case brief

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Khalid Ahmed Ghilan Amran S/O Shri Ahmed Ghilan Amran v. the State of Rajasthan

Case brief

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