ANUSHKA RENGUNTHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in all these petitions are the Overseas Citizens of India card holders. They are all students who have just reached the full age or are below this age. All the petitioners are aspiring to become Doctors by pursuing the MBBS course by securing admission through NEET selection process and thereafter the post-graduation as also the super specialty in the field of medicine. Some of them are also seeking to pursue post-graduation and also a super specialty. For the purpose of narration of facts, the averments as put forth in W.P.(C) No.891 of 2021 which was taken as the lead case is noted. The petitioners contend that they have been putting in all efforts and were preparing to appear for the NEET-UG examinations based on the right which was available to them under the notifications dtd. 11/4/2005 and 5/1/2009. Through the said notifications, the Overseas Citizens of India ('OCI' for short) cardholders were given the right of parity with Non-Resident Indians ('NRIs' for short) in respect of the facilities as notified, including in the field of education, who in turn had the parity with Indian Citizens. Through the notification dtd. 5/1/2009, the said right to education in India was also extended further, to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance to the provisions contained in the relevant acts. In view of such right being extended to the OCI Cardholders by respondent No.1 in exercise of the powers under Sec. 7B(1) of the Citizenship Act, 1955 ("Act 1955" for short), the petitioners were also assured of appearing for the NEET-UG exam so as to compete to secure a seat to pursue the medical course.

(2.) Such right was available to the petitioners from a point almost immediately after their birth, since the petitioners in these petitions were born in the year 2003 onwards. Except for the fact that they were born in a foreign country, they had lived in this country for periods ranging from 10 to 15/17 years. In that view, the entire educational career was pursued in India, including the 12th standard so as to qualify for the NEET-UG examinations and MBBS Course. In fact, in most of the cases, both parents of the petitioners herein are Indian nationals and in any case, one of them is an Indian national. Even in cases where both the parents are OCI Cardholders, the children have lived most of their life in India since their roots remain to be in India where grandparents and family are here.

(3.) When this was the position the respondent No.1 issued the notification dtd. 4/3/2021 in exercise of the power under Sec. 7B(1) of Act, 1955 whereunder the existing right of appearing for the Entrance Exams to compete with Indian Citizens for the seat was taken away and restricted the admission only as against the seats reserved for the Non-Resident Indians or for supernumerary seats. The proviso to clause 4(ii) of the impugned notification dtd. 4/3/2021 in fact clarifies that the OCI cardholders shall not be eligible for admission against any seat reserved exclusively for Indian Citizens. This is done so, by providing an explanation that the OCI Cardholder is a foreign national holding passport from a foreign country and is not a citizen of India.