IIT Fees : Supreme Court Issues Notice On OCI Candidate's Plea Seeking Parity With Indian Students

The Supreme Court on Tuesday issued notice in an interlocutory application filed by an Overseas Citizen of India(OCI) candidate seeking parity with Indian Citizens with regards to the fees charged by the Indian Institute of Technology (IIT).

The matter was listed before the bench of Justices S Abdul Nazeer and Krishna Murari.

When the matter was called for hearing, Senior Advocate Anita Shenoy appearing for the petitioner submitted that IIT Madras was asking the petitioner to pay fees as charged from foreign nationals. Shenoy referred to the order passed by the Court last year permitting OCI candidates to attend NEET counselling in general category at par with resident Indians.

Solicitor General of India Tushar Mehta at this juncture entered appearance and sought time to file reply in the same.

"I seek time to file a reply. Your lordship needs to be assisted," submitted the Solicitor General.

"This is something which is a wider issue. We don't want our Indian students to be unfairly treated", Solicitor General added. The SG further said, "Overseas students are rich students".

Turning to the applicant, Justice Nazeer said, "SG has merits. You want to have both ways? You want to have to study here and then fly there? Why don't you opt for this Indian citizenship and serve this country?".

In response, Shenoy said, "The petitioner has been living here. It's not a simplictor answer. Let them file a reply and your lordship may consider the same next week."

It was argued in the application that the fees required to be paid by foreign nationals is exorbitantly high as NRIs and foreign nationals earn in foreign currency but the OCIs living and working in India do not earn in foreign currency.

It was further contended that placing OCIs on par with NRIs and foreign nationals without any prior notice was arbitrary and caused unfair prejudice.

"By making this false distinction between the treatment of OCI students with regard to counselling and for the purposes of fees, the JAB has attempted to nullify the order of the Hon'ble Court and render it meaningless," the application states.

The application was drawn by Advocate(s) A. Reyna Shruti and Sanjana Grace Thomas and was filed by K.V. Bharathi Upadhyaya.

Case Title: Nidhay Eedala Reddy V. Union Of India & Ors| SLP(C) No. 17153/2021