NEET-UG : Supreme Court Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'They Are Indian Origin; Not Outsiders'

The Supreme Court on Thursday passed an interim order allowing Overseas Citizens of India(OCI) candidates to participate for the NEET-UG counselling in the general category for the year 2021-22.The Court passed the interim order in a writ petition filed by OCI candidates challenging a notification issued by the Ministry of Home Affairs to treat them at par with Non-Resident Indians(NRIs) for the purpose of college admissions.The Court directed the National Testing Agency(NTA) to declare the results of OCI candidates and permit them to appear for counselling in general category. The Court clarified that the order is confined only to the academic year 2021-22. A bench of Justices Abdul Nazeer and Krishna Murari passed the following 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 the medical seats which the OCIs were eligible for before the issuance of the impugned notification dated March 4, 2021. Therefore we direct the NTA to declare the result of the examination taken by the petitioners NEET UG 2021 and the eligible petitioners are permitted to appear for the counselling in the general category. This order is confined to the academic year 2021-2022." When the matter was called for hearing, Justice Abdul Nazeer, the presiding judge of the bench remarked, "They are all Indian origin & they are not outsiders. They have sent dollars for our country & they have already undergone. They don't have money like NRI's. Dont you think it looks arbitrary? Give them some time. Legal aspects apart. There is a challenge to the provision itself we'll consider at later stage. But this is so sudden.... I don't know how many of them will pass. You have not made any condition precedent. You have allowed them to participate. You know legitimate expectation again. From all angles, what is the justification like this?" "Our only objection is that you can take some time to take the decision. We might not have any objection subject to what is stated is that time is taken to apply this. All of a sudden this change, we don't know what their condition is," Justice Krishna Murari added.The Court will hear the other issues raised in the petition on October 20. Courtroom Exchange When the matter was called for hearing, Justice Abdul Nazeer, the presiding judge of the bench remarked, "They are all Indian origin & they are not outsiders. They have sent dollars for our country & they have already undergone. They don't have money like NRIs. Don't you think it looks arbitrary? Give them some time. Legal aspects apart. There is a challenge to the provision itself we'll consider at a later stage. But this is so sudden.... I don't know how many of them will pass. You have not made any condition precedent. You have allowed them to participate. You know legitimate expectations again. From all angles, what is the justification like this?" Additional Solicitor General Aishwarya Bhati, appearing for the Centre submitted that the challenge was to the system of dual citizenship in the Constitution of India, Section 9 of the Citizenship Act and the Notification dated March 4, 2021. She also submitted that challenges have been heard with regards to the constitutionality of section 9 of the Citizenship Act and the Court has upheld the same in various judgements. "There are several conditions upon which a person becomes OCI's but they are not Indian citizens in terms of constitution & the Foreigners Act. But they have a special privilege.There are large citizens who do not have access to resources of their country. OCI card holders have benefits even in terms of taking citizenship," ASG added. Remarking on the timing of the notification and its implementation and, Justice Abdul Nazeer said, "Our country is known for inclusiveness. You can bring non-citizens and give them citizenship. These are very much Indians. Maybe they must have gone abroad. Section 9 must have been upheld many times now. But we are on the question of an immediate problem, namely, the notification." "In so far as notification is concerned, they were not having these privileges or rights. You conferred upon them these privileges and rights. And subsequently to say that without any sudden, you withdrew that. From where they have to go? The balance of convenience is in their favour. This is the prima facie case because such a notification can be declared as arbitrary under Article 14. How do you say that prima facie? So far as final termination are concerned, they may be relevant. But they may not be arising at the interim stage," Justice Krishna Murari added. Replying to the comments put forth by the bench, Additional Solicitor General ASG Bhati submitted that the impugned notification did not take away any right and that arguments of the petitioner were projected in such a ...

NEET-UG : Supreme Court Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'They Are Indian Origin; Not Outsiders'

Shruti Kakkar

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