Pravasi Legal Cell v. Union Of Inidia

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16886/2024 PRAVASI LEGAL CELL .....Petitioner Through:

Mr. Jose Abraham and Mr. Basil Jaison, Advocates.

versus UNION OF INIDIA .....Respondent Through:

Mr. Shashank Dixit, CGSC with Mr.

Vedansh Anand,G.P. for UOI.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 06.12.2024 1.

The petitioner has filed the present petition, inter-alia, praying as under:

"i.

Issue a writ of mandamus or any other writ or directions, directing the Respondent to take appropriate measures and frame guidelines/policies to safeguard the rights and interests of Indian students traveling abroad for education as the existing legal framework for emigration, i.e. the Emigration Act, 1983, excludes students from the definition of emigrants;

ii.

Issue a writ of mandamus or any other writ directing the Respondent to consider Annexure P-6 and pass orders on the same, within a time frame that may be fixed by this Hon'ble Court. 2.

Learned counsel for the petitioner essentially seeks that the statutory guidelines be framed for protection of the students who travel overseas for educational purposes. The petitioner seeks a direction that the protection extended to immigrants under the Emigration Act, 1983 be also extended to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2024 at 11:58:00

cover such students.

3.

Clearly, the relief sought by the petitioner falls under the realm of policy and legislation. Therefore, we do not consider it apposite to issue any direction in this regard.

4.

The petitioner states that he has already made representation to the Secretary, Ministry of External Affairs in this regard. We are sure that this representation would be given the consideration it deserves. 5.

The petition is disposed of.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J DECEMBER 06, 2024/ssc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2024 at 11:58:00