Supreme Court Directs IIT To Treat OCI Student At Par With Indian Student With Respect To Fees

A Bench comprising Justices Abdul Nazeer and Krishna Murari referred to its interim order dated 27.20.2021, wherein while issuing notice in the present petition, the Bench had directed the petitioner to be permitted to appear in counselling in General category at par with Indian citizens to pursue respective courses for the academic year 2021-2022. Placing reliance on the said order, the Bench clarified that even with respect to fees charged by the Institute, the OCI candidates are to be granted parity with their Indian counterparts.

"Having heard the Ld Counsels for the parties we are of the view that Respondent IIT Madras has to treat the petitioner at par with the Indian citizens with regard to the fees charged in terms of our order dated 27.10.2021 in SLP 17153/2021. Ordered accordingly, subject to the outcome of the SLP."

Senior Advocate, Ms. Anitha Shenoy appearing for the petitioner argued that though they were admitted under the open category, the Institute is urging them to pay as per the fee structure set out for foreign nationals. Ms. Shenoy contended that for the past 12 years OCIs have been paying the same fee as Indian students which had been reversed in 2021 without any notice.

"This is a particular case where I have given entrance in IIT Madras in the open category but they insist that they would charge fees as per foreign student. On the date of hearing we had argued on the question of fees, seats reduction and also 12 years of position enured, where a benefit was given to all OCI students across India from 2009, which was reversed in 2021…But, now they are splitting hair, saying we will give admission, but you pay the fee that is eligible for foreign citizens."

Additional Solicitor General, Ms. Aishwarya Bhati appearing on behalf of the Union of India apprised the Bench about the fee structure of the Institute.

"Kindly, see the difference in fee. For Non-Indian candidates it is Rs. 3,18,000 (Rupees Three lakh eighteen thousand) per semester and fee for Indian candidates is 1,04,000 (Rupees One lakh four thousand) per semester. The difference is only 2 lakh odd per semester."

The Bench stated that as per the interim relief, the petitioner is supposed to be treated as Indian students, at least for the current academic year.

"We told you at the beginning to treat them as Indian students for the current year."

Ms. Bhati argued that the fee is determined by the candidates' birth category and not their seat category. She stated that a candidate belonging to the Scheduled Caste community would get the benefit of subsidised fee even if they are allotted/they choose open category seats.

"It is not the category you hold that determines your fee. It is the category that you are in that determines the fees. They have been accommodated on seats meant for Indian students. It is only question of fee now…They have not shown why they deserve economic advantage. The Indian students should get benefit of that. The fee difference is not so much that your lordships pass an interim order."

Ms. Shenoy emphasised that the Bench had considered the fact that OCI students have been paying the same fee as their Indian counterparts for the past 12 years and had accordingly passed directions on previous occasion.

"Last time the fee component was argued, then your lordship…were categorical that what enured for 12 years should continue for this year....when you have treated me for the last 12 years similar to Indian students in terms of fees, just for this year you say I'll give you benefit of open category but you pay fees."

Acknowledging Ms. Shenoy's submission, the Bench stated -

"Last time when the matter was argued, it was stated that they are living in India, they are earning accordingly. Fee component was definitely argued. The position is to continue for atleast another year."

Ms. Bhati urged the Bench to consider that the subsidy, that the OCI candidates would enjoy will be paid off from the public exchequer.

"If your lordships feel that way it might be put in one line and we will comply…These are people who are not citizens of the country…They are ultimately taking the money subsidised by the public exchequer for the purpose of our students, who will stay after the qualification, who will serve the nation after acquiring these degrees."

Advocate-on-Record, Mr. Sonal Jain appearing on behalf of IIT apprised the Bench that in the current academic year, out of 81 students who are foreign nations, only the petitioner is seeking parity with respect to fees.

"There were 81 students who were foreign nationals who were admitted to this year's courses. 21 of them were admitted under the category of open students as per the orders of this court. 60 went ahead and got admitted as foreign nationals. Out of 81 students, the petitioner is the only one agitating this fee issue. The rest have paid full fees as per foreign nationals. The fee in IIT is as per birth category and not seat category…"

He added that if the petitioner is treated at par with Indian students, it would have serious consequences.

"Then the position of 80 students will get disturbed."

The Bench clarified that the order is being passed only with respect to the petitioner.

"If it has consequences it will follow. We are passing orders with respect to the petitioner."

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