NEET PG: Supreme Court Grants Relief To Candidate Denied Benefit Of OCI Card Holder Based On 2021 MEA Notification

The Supreme Court recently granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India(OCI) card holder by the All India Institute of Medical Sciences (AIIMS). Finding the rejection of her application as an OCI candidate to be illegal, the Court directed to be considered in remaining counselling rounds by the AIIMS and other NEET-PG Medical seats.

The Court further held that all those had obtained OCI cards before 04.03.2021 are entitled to similar benefit in NEET-PG admission process.

04.03.2021 is the date on which the Ministry of Home Affairs issued a notification holding that OCI candidates cannot compete in seats meant for Indian citizens in college admissions and that they will be considered only in NRI seats.

In the instant case, the petitioner wanted to be considered in the foreign seat as an OCI candidate; however, the authorities decided that she cannot be considered as a foreign seat candidate and treated her as an Indian citizen. The authorities relied on the Supreme Court judgment  in Anushka Rengunthwar & Ors. V. Union of India, 2023 LiveLaw (SC) 73 which read down the notification dated 04.03.2021 to hold that it will apply to those who register as OCI candidates after the said date.

Aggrieved with this action, the petitioner filed writ petition before the Supreme Court under Article 32 of the Constitution.

Those who obtained OCI cards before 04.03.2021 entitled to similar benefit

A bench of Justice Ravindra Bhat and Justice Aravind Kumar referred to the judgment in Anushka Rengunthwar which had examined the legality of the said notification. The Court in the said ruling had found the notification to be arbitrary and without application of mind. It was held in the said case that the notification would only apply to those persons who obtained OCI Cards after 04.03.2021, rendering them ineligible. Relying on the decision in Anushka (Supra), the Apex Court granted relief to the petitioner, holding that she was eligible to claim the benefit of OCI Card Holder as she was issued OCI card in first in 2015. The Court also made it clear that this benefit would extend to other similarly situated candidates who have OCI Cards prior to 04.03.2021:

“…although the OCI Card relied upon by the petitioner on 04.08.2022, the fact that she was in fact issued the OCI registration card first, on 02.11.2015. In such circumstances, the petitioner’s eligibility to claim the benefit of OCI card holder in terms of the ruling in Anushka (supra) is undeniable. The rejection of her candidature at this stage, i.e. on 19.06.2023 is not supportable in law. She is consequently directed to be considered in remaining counselling rounds by the AIIMS and all participating institutions for PG Medical seats.

It is clarified that the consideration would be regarding seats that are unfilled on the date of this judgment whether reserved for SC/ST/OBC or other categories and such as specially earmarked for Bhutanese candidates etc. if they can be filled by other candidates, like her. Furthermore, this facility should be open to the petitioner as well as other candidates based upon the available records of those issued OCI cards prior to 04.03.2021 and who can participate in such counseling having regard to their performance in the NEET test, and their ranking.”

Senior Advocate Vinay Navare appearing for the petitioner had contended that the change in status so belatedly after all her options were closed was unfair. It was also argued that earlier notifications dated 11.04.2005, 05.01.2007 and 05.01.2009 had allowed such OCI cardholders to apply to educational institutions in India and such benefits could not be taken away from them abruptly.

The Court analysed the decision in Anusha (supra) to conclude that the ruling had held the notification to be arbitrary due to non-application of mind. The Apex Court had found that the proviso to Clause 4 (ii) of the notification dated 04.03.2021 had no nexus with the objects sought to be achieved.

“Therefore, the Court concluded that when the right conferred was withdrawn and altered, in the process leading to such change, should demonstrate application of mind, nexus to the object of such withdrawal or modification and any such decision had to be free of arbitrariness. In the light of this conclusion, the court held that the notification saved from the vice of non-application of mind and was in fact retroactive. It was in these circumstances that the Court held that only those persons who obtained OCI Cards after 04.03.2021 were rendered ineligible in terms of the notification.” 

Case Title: Pallavi V. Union Of India, Writ Petition (Civil) No(S). 642 Of 2023

Citation : 2023 LiveLaw (SC) 741

Click here to read/download judgment