Illegal stay: HC directs doctor to pay MBBS fees to get exit permit

The Karnataka high court has directed the authorities to issue exit permit to a 24-year-old doctor, only after she pays the entire MBBS course fees at the rate applicable to a non-resident Indian (NRI) or Overseas Citizen of India (OCI) category.

The petitioner had secured an MBBS seat under the government quota, misrepresenting herself as an Indian.

The petitioner was born in Nashville, Tennessee, USA in 1997 and her parents, citizens of India, registered the birth before the Indian Embassy. The petitioner arrived in India on a tourist visa in June 2003, on the strength of the USA passport which was valid till September 12, 2004.

The petitioner completed her education till PU in India and appeared for the Common Entrance Test (CET) in 2015, declaring her nationality to be Indian.

Govt quota

The petitioner completed her MBBS in 2020, under the quota reserved for candidates sponsored by the government and applied for a fresh passport with the US Consulate General.

After the US granted her the passport, to be valid till March 16, 2022, the petitioner filed an application before the Bureau of Immigration for grant of exit permit.

The petitioner moved the high court when this application was rejected on the ground of unauthorised stay.

The petitioner admitted to have participated in CET claiming to be an Indian, but contended that she was unaware of consequences of either the Citizenship Act or nuances of the passport.

On the other hand, H Shanthi Bhushan, Deputy Solicitor General of India, argued that the petitioner’s tourist visa had expired in 2003 and her US passport too had expired in 2004.

Therefore, the stay after the expiry of tourist visa is unlawful and contrary to the Foreigners Act, 1946, he submitted.

Justice M Nagaprasanna noted that though the petitioner is born outside India, she cannot be conferred citizenship by descent as she has not renounced the citizenship of the USA as mandated under section 4 (1-A) of the Citizenship Act, 1955.

The court said that by projecting herself as an Indian, the petitioner took away the seat of a genuine Indian who would have secured the seat under the government quota.

‘Unethical means’

“The petitioner does not stop at that, on her desire to continue higher education and settle down in the US on a basic qualification of MBBS acquired in this country, on the strength of the aforesaid falsehood, gets her passport of the US renewed/reissued,” the court said, adding that the petitioner had shamelessly resorted to falsehood and achieved her goals by unethical means.

However, considering the fact that the petitioner is a student, the court directed the union government and the Bureau of Immigration not to take legal proceedings, subject to the condition that she would pay all the fees, for all five years of MBBS course.