Court denies medical admission to foreign-returned 'NRI' girl
AHMEDABAD: Vrushali Shah went to the US twice on a visitor's visa. Upon return , on the basis of her two visits abroad, she obtained admission in the post-graduation level in the faculty of medicine on claims that she was a Non-Resident Indian (NRI).
Vrushali had completed her MBBS from Pramukh Swami Medical College in Karamsad this year, and opted for PG course in General Medicine at the NHL Municipal Medical College, Ahmedabad in the NRI category. Vrushali applied in this category posing as an NRI on the basis of a certificate issued by a prestigious immigration and tax consultant .
The consultant stated in his certificate that since Vrushali was out of India on two occasions for a total number of 186 days during the financial year 2010-11 , she was eligible to apply for admission in the NRI category of PG seats.
The medical college even conducted a counseling session with her and granted her admission to the branch of her choice for the present academic year. Accordingly, she reported and joined the course on April 15.
The college authorities realized later on and called the girl on June 14 and informed her that she was not eligible for admission in the NRI quota merely on the ground that she visited foreign countries on visitor's visa and stayed outside India for a certain number of days.
The cancellation of admission led Vrushali to approach the Gujarat high court, where her lawyer relied on Section 6 of the Income Tax Act and submitted that since the girl was out of India for 186 days during the financial year, she would fall within the ambit of an NRI. Since she falls under the category of NRI as per the Act, the college cannot cancel her admission at the last minute. This would leave her without any option to pursue her studies in other colleges during this academic year.
On the other hand, the college management argued that it is clear that the student does not become an NRI merely by visiting a foreign country. The student was also accused of suppressing material evidence by not showing that she had even visited Dubai also.
After hearing the arguments, a bench of chief justice S J Mukhopadhaya and justice J B Pardiwala upheld the college's decision and observed, "We are of the view that this is a very important issue, and it is almost an eyeopener for all other colleges when it comes to giving admissions in NRI quota ."
http://timesofindia.indiatimes.com/home/education/Court-denies-medical-admission-to-foreign-returned-NRI-girl/articleshow/9145239.cms
AHMEDABAD: Vrushali Shah went to the US twice on a visitor's visa. Upon return , on the basis of her two visits abroad, she obtained admission in the post-graduation level in the faculty of medicine on claims that she was a Non-Resident Indian (NRI).
Vrushali had completed her MBBS from Pramukh Swami Medical College in Karamsad this year, and opted for PG course in General Medicine at the NHL Municipal Medical College, Ahmedabad in the NRI category. Vrushali applied in this category posing as an NRI on the basis of a certificate issued by a prestigious immigration and tax consultant .
The consultant stated in his certificate that since Vrushali was out of India on two occasions for a total number of 186 days during the financial year 2010-11 , she was eligible to apply for admission in the NRI category of PG seats.
The medical college even conducted a counseling session with her and granted her admission to the branch of her choice for the present academic year. Accordingly, she reported and joined the course on April 15.
The college authorities realized later on and called the girl on June 14 and informed her that she was not eligible for admission in the NRI quota merely on the ground that she visited foreign countries on visitor's visa and stayed outside India for a certain number of days.
The cancellation of admission led Vrushali to approach the Gujarat high court, where her lawyer relied on Section 6 of the Income Tax Act and submitted that since the girl was out of India for 186 days during the financial year, she would fall within the ambit of an NRI. Since she falls under the category of NRI as per the Act, the college cannot cancel her admission at the last minute. This would leave her without any option to pursue her studies in other colleges during this academic year.
On the other hand, the college management argued that it is clear that the student does not become an NRI merely by visiting a foreign country. The student was also accused of suppressing material evidence by not showing that she had even visited Dubai also.
After hearing the arguments, a bench of chief justice S J Mukhopadhaya and justice J B Pardiwala upheld the college's decision and observed, "We are of the view that this is a very important issue, and it is almost an eyeopener for all other colleges when it comes to giving admissions in NRI quota ."
http://timesofindia.indiatimes.com/home/education/Court-denies-medical-admission-to-foreign-returned-NRI-girl/articleshow/9145239.cms
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