AARYAN SUNIL MAHAJAN THROU. GUARDIAN SUNIL ADHAR MAHAJANversusUNION OF INDIA THORU. MINISTRY OF EXTENRAL AFFAIRS AND ORS

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                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO.10313 OF 2026
JITENDRA
SHANKAR
NIJASURE
Digitally signed by
JITENDRA SHANKAR
NIJASURE                    Aaryan Sunil Mahajan                                ...Petitioner
Date: 2026.09.02
14:52:21 +0530



                                  Versus

                            Union of India and Ors.                             ...Respondents

                                                             ----------
                            Mr. Nikhil Wadikar (Thru V.C.) with Parth Katira for the Petitioner.
                            Mr. S.H. Kankal, AGP for the State.
                            Mr. Anand Kulkarni, for Respondent Nos.1 and 2 – Union of India.
                            Mr. Sameer Khedekar, for Respondent No.3.
                                                             ----------

                                                       CORAM : R.I. CHAGLA AND
                                                               FIRDOSH P. POONIWALLA, JJ.
                                                       DATE  : 1ST SEPTEMBER, 2026.
                            O R D E R:

                            1.            Rule. Rule made returnable forthwith. Heard by consent

                            of parties.



                            2.            By this Writ Petition, the Petitioner has sought a direction

                            to Respondent No.1 to issue an NRI Certificate to the Petitioner in

                            accordance with law and as expeditiously as possible. Further,

                            direction is sought against Respondent Nos.3 and 4 to permit the


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Petitioner to participate in the admission process for the Bachelor of

Technology (B.Tech.) Course for the Academic Year 2026-27 under

the Non Resident Indian (NRI) category without insisting upon the

production of an NRI Certificate issued by the Embassy/High

Commission/Consulate of India in the United Kingdom, and to accept

such other documentary evidence as may satisfactorily establish the

Petitioner’s entitlement to be considered under the said category.



3.          On the previous date, when the Writ Petition had come

up, we had considered the submission of Mr. Wadikar, learned

Counsel appearing for the Petitioner, that the passport of the

Petitioner showed that the Petitioner had met the criteria of NRI by

residing in UK for over a period of 182 days. The Petitioner, through

his father, had submitted communications/emails addressed to the

High Commission of India, UK regarding issuance of NRI Certificate

to the Petitioner and these communications/emails have been met

with a response that the High Commission of India in the UK cannot

issue NRI Certificate or Status Letter if the Petitioner is outside the

UK. Further, that the Petitioner must be physically present in the

issuing country on the date of issuance of NRI certificate. The

Petitioner and his family, having been deported from the UK, were

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unable to meet these requisites.



4.          We had accordingly noted the predicament faced by the

Petitioner and considered it appropriate for the Petitioner to address

a communication to Respondent No. 1 (Ministry of External Affairs)

to assist the Petitioner in obtaining an NRI Certificate from the High

Commission of India in the UK without insistence upon physical

presence of the Petitioner. The Respondent No. 1 was also directed to

assist the Petitioner for obtaining an NRI Certificate, for which they

were directed to address a communication to the High Commission

of India, UK, setting out the peculiar circumstances of the Petitioner’s

case and making a request for physical presence of the Petitioner for

issuance of NRI Certificate to be dispensed with.



5.          These directions were accordingly carried out by the

Petitioner and Respondent No. 1 (Ministry of External Affairs). An

Affidavit-in-Reply has been filed by Respondent No. 1. In the said

Affidavit, the deponent working as Under Secretary in Respondent

No. 1 (Ministry of External Affairs) has referred to the guidelines

issued by the Ministry of External Affairs dated 30th July 2025

governing issuance of NRI Certificates by Indian Embassies, High

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Commissions, and Consulates abroad. Under these guidelines, an NRI

Certificate may be issued to an Indian national/Indian passport

holder who qualifies as non-resident under Section 6 of the Income

Tax Act, 1961, upon verification of the requisite documentary

evidence by the concerned Indian Mission/Post. It is further stated in

the said Affidavit that, in the present case, the NRI Certificate sought

for the purpose of sponsoring the Petitioner’s education for Academic

Year 2026–2027 would therefore need to be established for that

Academic Year. Further, the Petitioner’s father had returned to India

on 2nd July 2026, following expiry of his visa, and had not thereafter

obtained a visa or residential status in any foreign country during the

relevant Academic Year/financial year. The NRI/Residential Status for

the relevant financial year cannot be established merely on the basis

of his past residence in the United Kingdom. Further, the deponent

has stated that there is no precedent or prescribed mechanism within

the Ministry for issuance of an NRI certificate by an Indian

Mission/Post abroad in absentia, i.e., without the physical presence

of the Applicant before the concerned Indian Mission/Post. The

existing procedure followed by the High Commission of India,

London, accordingly requires the Applicant to be physically present in

the issuing country.

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6.             Accordingly, it is submitted that in view of the aforesaid

position, and particularly in the absence of fulfillment and

verification    of   the   prescribed     eligibility   requirements,   High

Commission of India, London, is presently not in a position to issue

an NRI certificate in respect of the Petitioner’s sponsor merely on the

basis of past residence in the United Kingdom and without the

Applicant being physically present before the Mission. The said

Affidavit in Reply of Respondent No. 1 is accordingly taken on record.




7.             It is pertinent to note that amended sub-clause (n) of

Section 2 of the Maharashtra Unaided Private Professional

Educational Institutions (Regulation of Admissions and Fees) Act,

2015 provides as under:-



          “2 (n) Non Resident Indian (NRI) means, a person
          who is “not ordinarily resident” under sub-section
          (6) of Section 6 of the Income Tax Act, 1961 and
          has been issued a Non-Resident Indian Certificate
          accordingly by an Indian Mission or Post Abroad
          and includes his child or ward as defined in the
          Guardians and Wards Act, 1890”.


8.             Accordingly, for being a Non-Resident Indian, the

Petitioner would necessarily have to possess a Non-Resident Indian

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Certificate which has been issued to him by an Indian Mission or Post

abroad. Thus, the Petitioner in the present case has been unable to fit

into the NRI category, as he is not in possession of an NRI certificate.



9.          Mr. Wadikar has accordingly pressed for prayer clause

(b) of the Writ Petition, namely to permit the Petitioner to participate

in the admission process for the Bachelor of Technology (B.Tech.)

Course for the Academic Year 2026–2027, under the NRI category

without insisting upon production of an NRI Certificate issued by the

Embassy/High Commission/Consulate of India in the United

Kingdom.



10.         We are unable to grant such a prayer sought for by the

Petitioner, particularly considering the amended sub-clause (n) of

Section 2 of the Maharashtra Unaided Private Professional

Educational Institutions (Regulation of Admissions and Fees) Act,

2015, which would be applicable in the present case.



11.         Mr. Wadikar has submitted that the Petitioner, in the

event of not being considered in the NRI category, would be left

without fitting into any category for participating in the admission

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process for the Bachelor of Technology (B.Tech.) Course for the

Academic Year 2026–2027.



12.           This is an unfortunate predicament faced by the

Petitioner. However, considering the requirement of Respondent No.

3 (State Common Entrance Test Cell) for production of an NRI

Certificate for participation in the admission process, the Petitioner

cannot be considered for the NRI category due to absence of

possession of such NRI certificate.



13.           The Writ Petition is accordingly dismissed. There shall be

no order as to costs.



      [ FIRDOSH P. POONIWALLA, J. ]                [ R.I. CHAGLA J. ]




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