902-wp-10313-2026.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10313 OF 2026 Aaryan Sunil Mahajan ...Petitioner 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 1/7 JITENDRA SHANKAR NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.09.02 14:52:21 +0530 902-wp-10313-2026.doc 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 2/7 902-wp-10313-2026.doc 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 3/7 902-wp-10313-2026.doc 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. 4/7 902-wp-10313-2026.doc 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 5/7 902-wp-10313-2026.doc 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 6/7 902-wp-10313-2026.doc 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. ] 7/7