'Policy Decision': Delhi High Court Upholds Bar On OCIs From Participating In International Maths Olympiad On Behalf Of India

The Delhi High Court has upheld the decision to not allow non-citizens or Overseas Citizens of India (OCIs) to participate in the International Mathematical Olympiad, observing that it is a policy decision.

“There is, therefore, a justifiable reason for not permitting non-citizens to represent India in International Maths Olympiad, and the decision cannot, therefore, be treated as either arbitrary or taken without proper application of mind,” Justice C Hari Shankar said.

The court concurred with the view taken by the Madras High Court in G. Venkatesh v. Bridge Federation of India wherein it was held that courts could not be called upon to interfere with the policy framed by the Central Government which stated that only Indians could participate in such tournaments.

“Besides, as has been correctly held by the High Court of Madras in G. Venkatesh, the decision as to who should be permitted to attempt the Olympiad is a policy decision. Participation in international Maths Olympiads is handled by the Department of Atomic Energy, which has outsourced the task to the Homi Bhabha Centre for Science and Education. The decision is, therefore, one taken at the executive and governmental level,” Justice Shankar said.

The court added that administrative and executive decisions dealing with academic matters ought not to constitute subjects of judicial interference unless they are so arbitrary that no court can in its right mind tolerate the decision.

“I do not feel that the decision not to allow OCIs to participate in the International Maths Olympiad can be said to so arbitrary as to justify judicial interference,” the court said.

Justice Shankar made the observations while dismissing a plea moved by an OCI aggrieved by denial of participating in the International Mathematical Olympiads on behalf of India, scheduled to be held from April 11 to 17.

She challenged the notice published on the website of Homi Bhabha Centre for Science and Education (HBCSE), which conducts the preliminary rounds of selection, under the aegis of the Department of Atomic Energy, to decide on the candidates to be sent to represent India in the olympiads.

The notice said that as per the orders of the Madras High Court, students with OCI status will not be eligible for selection to the Indian team in the International Mathematical Olympiad (IMO), European Girls' Mathematical Olympiad (EGMO), Asian Pacific Mathematical Olympiad (APMO).

“However, such students are provisionally eligible for selection at ALL prior stages, up to and including the International Mathematical Olympiad Training Camp (IMOTC) and European Girls' Mathematical Olympiad Training Camp (EGMOTC) provided they fulfil all other criteria,” it added.

Rejecting the plea, the court said there is a fundamental and intelligible differentia between the petitioner and others who reside in India and are entitled to undertake the maths Olympiad.

“The petitioner is an Indian citizen. This by itself constitutes an intelligible differentia between the petitioner and citizens of this country who are entitled to undertake the maths Olympiad,” the court said.

It added: “Students who attempt an international Olympiad represent the country. They represent its intellectual wealth. Success in the Olympiad augments the country's intellectual reputation and represents the country's intellectual strength in the global firmament. There is, therefore, an integral inter-connect between the requirement of the student being a citizen of this country, and the right to participate in the Olympiad.”

The court also said that if the petitioner is to be allowed to undertake the Maths Olympiad, every foreign citizen, who is residing in India for a considerable period of time, would be entitled to the same benefit.

Counsel for Petitioner: Ms. Anindita Mitra, Adv

Counsel for Respondent: Mr. Satya Ranjan Swain and Mr. Vedansh Anand and Mr. Kautilya Birat, Advocates, for UOI

Title: KENISHA AGRAWAL MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN MR NITIN AGRAWAL v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 301

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