OCI Students Be Treated At Par With Indian Students For Any Courses For 2021-2022 Academic Year : Supreme Court

A Bench comprising Justices Abdul Nazeer and Krishna Murari permitted the petitioner, who is an OCI student to be treated at par with her Indian counterparts and allowed her to apply for Bachelor of Ayurvedic Medicine and Surgery (BAMS) course in general category seats for the 2021 cycle.

"It is clear from the aforesaid order that the OCI students are also permitted to be treated at par with Indian students and are allowed to apply to any course/courses including Bachelor of Ayurvedic Medicine and Surgery (BAMS) for the academic year 2021-2022."

The Bench passed the aforesaid direction in terms of the order dated 22.10.2021, wherein while issuing notice it had granted interim relief to the petitioner as under -

"Issue notice.

In the meantime, the petitioners, if eligible, are permitted to appear in the counselling in the General category, at par with Indian Citizens to pursue their respective courses.

It is made clear that the aforesaid interim relief is limited to the academic year 2021-2022 only."

Advocate-on-Record, Ms. Shrishti Agnihotri appealing on behalf of the petitioner submitted that though the Union of India has extended the benefit of the interim order, the concerned functionaries of the State of Karnataka, viz, the Karnataka Examination Authority and the State Ayush Department have interpreted the order to suggest that the benefits are confined to MBBS and BDS.

"I am a Bachelor in Ayurvedic Medicine and Surgery. I have no grievance with the Union. It has given the benefit of the interim order to BAMS applicants also. The State of Karnataka, Karnataka examination authority and the Ayush Dept., State of Karnataka have decided that the order was confined to MBBS and BDS and not BAMS.

The Bench stated that it had directed that the benefit should be extended to the 'respective courses' of the petitioners.

"We have said for all courses."

Referring to the interim order dated 22.10.2021, Ms. Agnihotri submitted that her client sought parity with the Indian students and urged the Bench to permit her to apply in general category seats.

"My prayer is: direct that the petitioner No. 3 be treated at par with Indian citizens and be allowed to apply in general category seats in BAMS course for 2021 cycle."

She apprised the Bench that the concerned authorities of the State have asked the petitioner to specifically point out where the Apex Court had indicated that OCI students can be permitted in general category seats in BAMS courses. In view of the same and considering the fact that the counselling is to take place today, she requested the Bench to upload the order at the earliest.

Acknowledging her request the Bench allowed the petitioner to apply for general category seat in BAMS courses for the 2021 cycle and directed the registry to upload the order by 2 PM.

[Case Title: Dheepika Madhavi Satyanarayanan v. Union of India And Ors. W.P.(C) No. 1397 of 2020]