NORI for research: Bombay HC directs Health Ministry to considers MBBS doctors' application
Mumbai: The Bombay High court has instructed the Union Health and Family Welfare Ministry to reconsider the submission of twin sisters who are MBBS doctors and were seeking No Obligation to Return to India Certificate (NORI) from the authorities in order to pursue research abroad.
Both the sisters want to pursue research careers and settle down in the United States of America for which securing a NORI certificate is essential.
As per a recent media report by Hindustan Times, the petitioners submitted that they have completed their MBBS courses from a private medical college in Navi Mumbai and also completed their one-year internship in 2017. But their whole family has already applied for immigration to the US and their parents and sisters have secured green cards in August and September of 2019.
the petitioner has obtained a degree of M.B.B.S. and has got himself registered as a practitioner under the Karnataka Medical Registration Act, 1961, he actually neither practised as a Doctor/Medical Practitioner, nor intends to practise as such. If that be so, the policy decision taken by respondent no. 1(b) of not issuing NORI certificate to any Doctor for the purpose of stemming brain drain of Doctors and to cope up with the acute shortage of Doctors in India, cannot be made applicable to the petitioner. It is obvious that even if he resides in India, he is not going to render his services to the citizens of India as a Doctor because of his inclination in research work.
In the circumstances, the refusal on the part of the respondents in issuing NORI Certificate in favour of the petitioner, making it difficult for him to prosecute his research work does not appear to be fair, reasonable and proper. The research work taken up by the petitioner is likely to help the entire mankind. Therefore, it was expected of the respondents to encourage the petitioner for doing the research work by issuing NORI Certificate instead of creating technical hurdles in his commendable research project. The Respondents are directed to reconsider the claim of the Petitioner for grant of NORI Certificate in view of the fact that he is not a Medical Practitioner and is a Research Scholar.
in the decision in the case of Noothi, a distinction is made between the Medical Practitioner and a Research Scholar. No contrary decision is shown to us. Considering the case made out by the Petitioners, we direct the Respondents – Ministry of Health and Family Welfare to examine the case of the Petitioners in respect of NORI Certificate in the context of the assertions of the Petitioners that the Petitioners are not the Medical Practitioners but a Research Scholars.