The Supreme Court on Thursday allowed the Overseas Citizens of India (OCI) candidates to participate in the counselling of the National Eligibility-cum-Entrance Test (Undergraduate), 2021 in the general category.
While allowing the plea, the bench headed by Justice S. Abdul Nazeer, told ASG Aishwarya Bhati, appearing for the Centre, that there is problem in notification with regard to its timing (the date when it’s passed). The Court was hearing the plea, challenging the March 4 notification issued by the Ministry of Home Affairs, directing OCI candidates to be treated on par with Non-Resident Indians (NRIs) for the purpose of NEET. This would mean successful OCI candidates would have to pay higher fee paid by NRIs for medical seats in India.
The Court noted in its order, “We are of the view that at least for the current academic year 2021-2022, the petitioners are entitled to be considered eligible for all medical seats which the OCIs were eligible for before the issuance of the impugned notification dated March 4.
“We direct the National Testing Agency to declare the result of NEET-UG 2021 examination taken by the petitioners and the eligible petitioners are permitted to appear for the counselling in general category. The immediate problem is the clause in your notification, now see, one thing is certain, Articles 14 and 15 are applicable to citizens, not 16. The problem of the notification is the timing.
“Article 21 is available so far as the notification is concerned. Our country is known for inclusiveness, you can bring non-citizens and give them citizenship. These are very much Indians. Maybe they have gone abroad. Section 9 must have been upheld many times now. But, we are on a question of an immediate problem, namely the notification,” it added.
ASG Bhati replied, “I appreciate, I acknowledge. The notification does not take away any right. They still have right to participate in examination. My lord earlier notification allowed only depending on each state to state. First is Indian citizens, the second category is NRI, they are non-resident citizens. Third category is these OCI card holders, they have voluntary taken up the citizenship. They have to meet a much lesser threshold. My lord they only need to be in India for 12 months, for other they have to make for much longer period. The crux of the matter is they have to pay higher fees. Lakhs and lakhs of young citizens of our country are not getting these seats and resources.
“You say no right has been taken away in notification, but in fact, it takes away the right. The only thing is you can publish the notification, arbitrariness is still in question. Only the matter of timing is arbitrary,” the bench retorted.
The Court passed the interim order on a plea challenging the March 4 notification issued by the Ministry of Home Affairs, which treats Overseas Citizens of India at parity with Non Resident Indians (NRIs) with regard to All India Entrance Tests, such as NEET, JEE (Mains), JEE (Advanced) or such other tests for the purpose of admissions.
It had also sought direction to declare clause 4 (ii) of the notification as ultra vires Article 14 and 21 of the Constitution, as it fails to treat resident Indian OCIs with resident Indian citizens in all matters of entry and admission to professional colleges in India from the year 2021-2022 onwards.