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The Aurangabad Bench of the Bombay High Court, on December 20, 2016 directed the Union Ministry of Human Resource Development and Health Ministry (MHRD) to reconsider the application of Sunil Noothi, a Kandivali based bio-medical research scientist who was forced to return to India from America due to non-approval of his application on ‘No Obligation to Return to India’ (NORI) certificate.
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Division bench comprised of Justices
- Justice RM Borde
- Justice Sangeetrao Patil
The division bench had asked the ministries to re-consider the application of Noothi and decide afresh keeping in mind the fact that he is not a practicing a doctor, but only a research scholar in the US.
Rahul Totala, the advocate of appellant Noothi, said that the High Court has granted partial relief to his client and told the authorities to decide their fresh application within three months from the time of submission of the appeal in the court.
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Totala argued that rejecting a claim of the petitioner for grant of NORI Certificate is not only unjust and illegal but also discriminatory. The Ministry in its plea said that to stop the deteriorating doctor-patient ratio in the country, Ministry of Health stopped issuing NORI certificates to physicians except those aged above 65 since 2013.
Medical students are allowed to study abroad, but due to NORI certificate, they are forced to return to the country and start practicing in India. The bench also noted that ultimate aim of the appellant researcher student is to find cures for blood cancer. His research work will help the entire mankind. Noothi had gone to America in 2011 for his post-doctoral courses in Biophysics and Physiology. In 2013, he joined Kentucky University as a Post-Doctoral scholar.
