NEET-UG : Madras HC Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'Treat At Par With Indian Citizens'

The Madras High Court last week 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 instead of the category reserved for NRIs or foreign nationals.

Justice V. Parthiban passed the direction while taking into consideration that the Supreme Court had passed a similar order on September 30. The judge made a reference to the September 30 order issued by a Bench comprising Justices Abdul Nazeer and Krishna Murari of the Supreme Court wherein it had been observed,

"Having heard learned senior counsel for the petitioners and Ms.Aishwarya Bhati, learned Additional Solicitor General for the respondent-Union of India, we are of the view that at least for the Academic Year i.e. 2021-2022, the respondents have to consider allotment of seats to the petitioners to pursue MBBS course in Medical Colleges, which seats Overseas Citizens of India (OCI) were eligible for before the issuance of the impugned Notification dated 4 th March, 2021 subject to their eligibility. Therefore, we direct the respondent-National Testing Agency to declare the result of the examination i.e, NEET UG 2021 taken by the petitioners and the eligibile petitioners are permitted to appear for the counselling in the General category. The applications for interim relief are disposed of. It is made clear that the aforesaid interim relief is confined to the Academic Year 2021-2022 only."

The High Court was adjudicating upon a batch of petitions moved by OCI candidates challenging a notification dated March 4 issued by the Ministry of Home Affairs to treat them at par with Non-Resident Indians (NRIs) for the purpose of college admissions.

Accordingly, the Court directed that the OCI cardholders must be treated at par with Indian Citizens for the academic year 2021-2022 and thus ruled,

"The interim direction as sought for in these writ petitions for directing the 3 rd respondent to permit the petitioners to participate in the JEE Counselling 2021 in the general category meant for Indian Citizens through the 5 th respondent authority in line with the order dated 30.09.2021 of the Hon'ble Supreme Court in W.P.(Civil) No.1397/2020, pending disposal of these writ petitions, these petitioners are also to be treated on par with the Indian Citizens, in respect of the present Academic Year consideration."

The matter is slated to be heard next on November 22.

Case Title: Sadhvi Sreeram v. Govt of India and Ors

Click Here To Read/Download Order