SANDEEP KUMAR SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) IN exercise of the powers conferred by sub-section (1) of Section 7B of the Citizenship Act, 1955 (57 of 1955) and in continuation of the notifications of the Government of India in the Ministry of Home Affairs number S.O.542(E) dated, the 11th April, 2005 and in the Ministry of Overseas Affairs S.O. 12(E), dated the 6th January, 2007, the Central Government specified certain rights to which the persons registered as the overseas citizen of India under Section 7A of the said Act, shall be entitled, such rights include the right to appear for the All India Pre- Medical test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts.

(2.) A National Eligibility cum Entrance Test (NEET-UG, 2013) was held by respondent No. 4-Central Board of Secondary Education for admission to MBBS/BDS courses. The Information Bulletin, to the extent it is relevant, reads as under:

(3.) IN their counter-affidavit, respondents 1 to 3 have stated that the Information Bulletin clearly stipulated that mere appearance in NEET does not confer any right for admission in MBBS/BDS courses which are notified by IMC Act and BDS Courses Regulation, subject to fulfilling the admission criteria, eligibility medical fitness and such other criteria as may be prescribed by the respective Universities and Medical Institutions. According to these respondents, the privilege granted to OCIs is subject to the provisions of Indian Medical Council Act, 1956 and Dentists Act, 1948 and no amendment to the said Acts has been made so as to permit such persons to appear in the All India Pre-Medical test or such other test as would make them eligible for admission in the undergraduate medical courses. The reason given is that admission of OCIs to the undergraduate medical courses will put an ordinary Indian student at a distinct disadvantage since he does not have an option to study medicine abroad, whereas OCI student, if given an option may prefer to study in medicine in India just because it is cheaper. It is further submitted by the respondents that as against total 51,175 medical seats (excluding AIIMS and JIPMER), the number of students, who appeared for NEET-UG 2013, was 6,48,040, which would show that the number of aspirants for such seats is very high and allowing OCI students to obtain admission under the All India Quota would further diminish their chances. It is also stated that the medical colleges also offer seats under NRI quota at a higher cost and admission against those seats can be availed by OCIs candidates who generally have a strong economic background.