NEET Admissions: Supreme Court Allows "All Similarly Situated" OCI Candidates To Participate In General Category Counselling For 2021-22

The Supreme Court on Monday allowed all eligible Overseas Citizens of India(OCI) candidates to participate in general category in the NEET counselling for undergraduate and post-graduate medical courses for the academic year 2021-22.

A bench comprising Justices S Abdul Nazeer and Krishna Murari stated in the order that the applicants before the court and "other similarly situated candidates" are granted the relief for the academic year 2021-22.

On September 29, the bench had passed an interim order allowing few petitioners, who belonging to OCI category, to participate in the NEET-UG counselling in the general category. The order was passed 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.

However, that order was limited only to the petitioners in that case. Later, another application was filed by few other OCI candidates, seeking the same relief.

Today, the bench disposed of that application stating that all similarly situated persons will be entitled to the relief.

"The applicants and all other eligible candidates who are similarly situated are permitted to appear in the counselling in the General on par with Indian Citizens to pursue MBBS/BDS courses and other undergraduate/Post Graduate courses in approved/recognised Medical/Dental & other Colleges/Institutes.

It is made clear that the aforesaid interim relief is limited to the academic year 2021-2022 only", the bench noted in the order.

The bench told Additional Solicitor General Aishwarya Bhati that the National Testing Agency and the counselling authorities are duty bound to implement the order. In this regard, the bench referred to Article 144 of the Constitution, which says that all Civil and Judicial Authorities should act in aid of the Supreme Court and implement the directions.

Submitting that the Centre was bound by Court's order, ASG Bhati requested the bench to list the matter for hearing at the earliest.

At this point, Solicitor General Tushar Mehta entered appearance. He requested the court to confine the relief to only the petitioners who have approached it. "We would be flooded with applications", he said. He added that OCIs can't be seen at par with general categories as they have a different status. The SG also requested for an early hearing of the matter.

The bench pointed out that it has given the relief only for the academic year 2021-22. It added that the order was passed in view of the suddenness of the notification, and had the same been issued earlier, the court would not have intervened.

"Mr SG, we want to clarify one thing. We've made it very clear that it's only for the academic year 2021-22 only. We heard the matter in length while we passed the interim order. We've done this because of the suddenness of the notification. If you would have issued the notification 8/9 months earlier we wouldn't have passed such an order," the bench remarked while granting relief to all the applicants similarly situated.

Advocates Kunal Cheema, Apporva Singh and Srishti Agnihotri appeared for the applicants in today's hearing.

It is pertinent to mention that the Supreme Court on October 29 granted interim relief to a NEET PG Aspirant to appear in the counselling in the General Category at par with Indian Citizens for the purpose of NEET PG Counselling and admission for 2021-2022.

Case Title: Dr. Radhika Thapetta and others v. Union of India and others (WP(C) No.1397/2020); Anushka Rengunthwar and others v. Union of India and others(WP(C) No..891/2021)

Click here to read/download the order