The division bench of Justices P B Majmudar and Mridula Bhatkar, which had observed during the hearing that not all fundamental rights were available to foreign nationals, yesterday rejected the petition.
Petitioner Lulila Leonid Stelmakh, a Ukranian, had moved the court in August when her visa application was rejected, saying it violated her fundamental rights.
The reason given by the authorities was that she was going to get less than USD 25,000 annually in her job in India.
For getting employment visa in India, rules require that an applicant must be having a job offering income above a certain level.
Stelmakh had secured a job as an analyst with J P Morgan Services, India.
Her lawyers argued that this rule violated Article 21 which provided her right to livelihood, and Article 14 which guarantees right to equality.
Besides, she had a right to equal opportunities in matters of employment under Article 16 of the Constitution, they said.
But the Union government had argued that a foreign national did not enjoy all rights under the two Articles.
Published 26 November 2010, 12:23 IST