Aleeta Mary Eldho V. Union of India, Ministry of External Affairs and Directorate General of Shipping and The National University of Advanced Legal Studies and The Registrar, The National University of Advanced Legal Studies

WP(C)/22590/2022

AI Insights

The case revolves around Aleeta Mary Eldho, a petitioner aspiring to join the Law course at the National University of Advanced Legal Studies (NUALS). The primary legal issue was the requirement of a 'Residence Permit' from her sponsor, categorized under Non-Resident Indian (NRI), which her sponsor, a seafarer, could not provide due to his profession. Instead, a Continuous Discharge Certificate-cum-Seafarer's Identity Document was presented. The court had to decide whether this document could substitute the 'Residence Permit' for the admission process. After considering the submissions and the unique circumstances of seafarers, the court ruled in favor of the petitioner, allowing her to proceed with her application without the 'Residence Permit'.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 812010 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 02-08-2022
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: R MALAKKARA
• Assessee Lawyers: AHAMAD VINOD S PILLAI MOHAMMED THAYIB N M NAYANA VARGHESE K S SANGEETHA
• Keywords: Non-Resident Indian; NRI status; Seafarer; Residence Permit; Continuous Discharge Certificate

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 WP(C) NO. 22590 OF 2022 PETITIONERS: ALEETA MARY ELDHO, AGED 19 YEARS D/O.MUREECKAL YOHANAN ELDHO, MUREECKAL HOUSE, THALACODE.P.O., MULANTHURUTHY, ERNAKULAM DISTRICT, PIN-682314. BY ADVS. AHAMMAD SACHIN K. VINOD S. PILLAI MOHAMMED THAYIB N.M. NAYANA VARGHESE K.S.SANGEETHA (KOOMBEL) RESPONDENTS: 1 UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS ADDRESS: ROOM NO. 1024, JAWAHAR LAL NEHRU BHAWAN, 23-D, JANPATH, NEW DELHI-110011, REPRESENTED BY ITS UNDER SECRETARY. 2 DIRECTORATE GENERAL OF SHIPPING, 9TH FLOOR, BETA BUILDING, I-THINK TECHNO CAMPUS, KANJURMARG (EAST), MUMBAI-400 042, REPRESENTED BY ITS DIRECTOR GENERAL. 3 THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES, NAD ROAD, HMT COLONY, NORTH KALAMASSERY, KALAMASSERY, KOCHI-683503, REPRESENTED BY ITS REGISTRAR. 4 THE REGISTRAR, THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES, NAD ROAD, HMT COLONY, NORTH KALAMASSERY, KALAMASSERY, KOCHI, KERALA 683503. BY ADV R.MURALEEKRISHNAN (MALAKKARA), CGC WP(C) NO. 22590 OF 2022 2 OTHER PRESENT: DR.PAULY MATHEW MURICKEN-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22590 OF 2022 3 JUDGMENT The sole controversy in this case, impelled by the petitioner who aspires to join the Law course offered by the National University of Advanced Legal Studies (NUALS), is with respect to the condition that she has to produce a “Residence Permit” from her sponsor, under the Non Resident Indian (NRI) category. 2. The petitioner asserts that the sponsor is a Seafarer and that he cannot hence obtain a “Residence Permit”, since he is moving from place to place in the ship in which he is working. She, however, points out that her sponsor has produced Ext.P3 “Continuous Discharge Certificate-cum- Seafarer's Identity Document”, issued by the Government of India; and argues that this should be construed in lieu of the “Residence Permit”. 3. On hearing the learned counsel for the petitioner on the afore lines on 27/07/2022, when this matter had been earlier listed, I pass the following order: WP(C) NO. 22590 OF 2022 4 Before this Court can issue a final judgment, I am certain that the NUALS will have to clarify certain aspects, namely:- (a) What is meant by Residence permit as mentioned in clause 7(f) of Ext.P1. (b) Can Ext.P3 Continuous Discharge Certificate, issued by the Government of India, be adopted in lieu of the Residence permit because a Seafarer perhaps may not be in a position to obtain such a permit on account of the nature of his employment. This information shall be made available to this Court on 01.08.2022. 4. Sri.Pauly Mathew Muricken – learned Standing Counsel for the NUALS, today conceded that a seafarer perhaps will not be able to obtain a “Residence Permit” because he may not be stationed in one country outside India. He submitted that, however, there are certain other criteria that will have to be satisfied by the petitioner, including the production of necessary certificate to establish the NRI status of her sponsor. He submitted that if a proper certificate to that effect is produced by the petitioner, her candidature can be considered de hors the requirement of production of the “Residence Permit” of her sponsor. WP(C) NO. 22590 OF 2022 5 5. Smt.Nayana Varghese – learned counsel appearing for the petitioner, responded, arguing that the afore submissions of the NUALS may not be accurate because the certificate to prove the NRI status of her client's sponsor has already been produced on record as Ext.P4. She predicated that Ext.P4 is the Income Tax intimation received by her client's sponsor and that this unequivocally declares him to be a “NRI”. She prayed that, therefore, no further certificate may be directed to be produced. 6. Sri.R.Muraleekrishan – learned Central Government Counsel, submitted that the controversy in this case is between the NUALS and the petitioner, and that his client has nothing to offer in comment. He, however, added that his client will abide by any directions to be issued by this Court. Taking note of the afore rival contentions, I order this writ petition, recording the submissions of Sri.Pauly Mathew Muricken that a “Residence Permit” in the case of the sponsor of the petitioner will not be insisted upon, adverting to Ext.P3: WP(C) NO. 22590 OF 2022 6 however, directing the petitioner to abide by every other condition as is statutorily required. For this purpose, if any further documents are to be produced by the petitioner, then the NUALS will intimate her within a period of one week from today, so that she can then produce the same, or answer it appropriately. Needless to say, the NUALS will also specifically consider the petitioner's contention that Ext.P4 is the only document she can rely upon to prove the “NRI” status of her sponsor; and if they are not to accede to it, they will intimate her appositely. That being so ordered, until such time as the afore exercise is completed, one of the NRI seats will not be filled up, which will be done only after the petitioner is communicated the resultant order. Sd/- DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 22590 OF 2022 7 APPENDIX OF WP(C) 22590/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 04.04.2022 WITH RESPECT TO B.A. LL.B (HONORS) DEGREE COURSE. Exhibit P2 TRUE COPY OF THE PROSPECTUS WITH RESPECT TO B.A. LL.B (HONORS) DEGREE COURSE FOR THE ACADEMIC YEAR 2022-2023. Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF CONTINUOUS DISCHARGE CERTIFICATE CUM SEAFARER'S IDENTITY DOCUMENT ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE INTIMATION UNDER SECTION 143 (1) ISSUED BY THE ASSISTANT DIRECTOR OF INCOME TAX, CPC BENGALURU SHOWING THE PETITIONER'S FATHER AS NRI. Exhibit P5 TRUE COPY SEAFARER'S EMPLOYMENT AGREEMENT BETWEEN THE PETITIONER'S FATHER AND JANA MARINE SERVICES CO.LLC DATED 05.03.2021. Exhibit P6 TRUE COPY OF THE EMAIL DATED 13.05.2022 SENT BY THE PETITIONER'S FATHER TO THE 4TH RESPONDENT. Exhibit P7 TRUE COPY OF THE EMAIL DATED 13.05.2022 SENT BY THE 4TH RESPONDENT TO THE PETITIONER'S FATHER. Exhibit P8 TRUE COPY OF THE EMAIL SEND BY THE 3RD RESPONDENT TO THE PETITIONER DATED 06.07.2022. Exhibit P9 TRUE COPY OF THE MARKS STATEMENT CUM CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION DATED 30.07.2021. "