The court directed authorities to issue NOC to medicine student wanting to pursue MBA in U.S.
The Bombay High Court recently granted relief to a student wanting to pursue her Masters in Business Administration (MBA) in the United States of America and directed authorities to issue a no objection certificate (NOC) for her No Obligation to Return to India (NORI) certificate.
Aditi Vaishnav completed her MBBS in 2017 and then enrolled as a doctor under the Maharashtra Medical Council Act. Her family members are residents of the U.S. and green card holders. She then accepted an internship offered to her by Hospital for Special Surgery, New York on June 20, 2017. Based on which she applied to the Under Secretary, Ministry of Health and Family Welfare for her NORI certificate on March 9, 2020. She then applied to the Ministry for issuance of a statement of need certificate which was received by her. However, her NORI certificate was rejected. Hence the petition.
Her plea states she was never practicing clinical medicine or engaged in patient contact and seeks to pursue a career in business. She is likely to apply for MBA admission course which is scheduled to begin from January 2022. She was advised to apply immigrant visa, ie. green card, which cannot be applied, unless she obtains NORI certificate from the Central government.
Advocate appearing for the authorities opposed the petition and argued that Ms. Vaishnav did not disclose that NORI certificate would be required to pursue the MBA course in the U.S.A.
The Ministry has clarified that any applicant, who possesses any medical qualifications of the Indian Medical Council Act as well as to the applicants possessing the medical qualifications BDS, MDS and diploma after attaining BDS qualification, shall not be issued the NORI certificate under any circumstances.
Ms. Vaishnav in her affidavit has stated, “She has now decided to give up her research activities and instead pursue a career in business, which necessitates pursuing MBA course.”
A Division Bench of justices RD Dhanuka and Abhay Ahuja directed the Under Secretary (Scholarships) to issue a NOC for NORI certificate in favour of Ms. Vaishnav and added that if she starts practicing medicine in U.S.A, the certificate shall stand cancelled and she would be required to come back to India.