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OCI Card Holders Eligible for PG Medical Seat Admission,” Says Supreme Court

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the Supreme Court of India has upheld the eligibility of Overseas Citizen of India (OCI) card holders for admission to Post Graduate (PG) medical seats. The bench comprising of Justice A. Verma and Justice S. Kapoor delivered the verdict on 15th July 2023, addressing the rights of OCI card holders in seeking medical education opportunities.

The judgment revolves around a writ petition filed by a candidate who challenged the change of her status from an OCI candidate to an Indian national for PG medical seat admission. The petitioner sought relief under Article 32 of the Constitution, highlighting the critical issue of eligibility based on OCI status.

The Ministry of Home Affairs’ notification dated 04.03.2021, which withdrew certain privileges and eligibility criteria for OCI card holders, came under scrutiny. The Court observed, “The notification had a retroactive impact, altering the rights of OCI card holders in a manner that affected their eligibility for examinations like NEET.”

Citing the Court’s findings in the Anushka Rengunthwar case, the judgment emphasized the interpretation of the notification’s retroactive application. The Court ruled on the applicability of the notification to OCI card holders born before its issuance date, ensuring clarity on the matter.

The petitioner’s eligibility was examined based on her OCI status, and the Court directed that her eligibility be reconsidered for the remaining counseling rounds for PG medical seats. The directive emphasized the inclusion of OCI card holders who were issued cards before the notification’s implementation.

“The judgment reflects the Court’s commitment to ensuring equal opportunities for OCI card holders pursuing medical education in India,” remarked the bench. The ruling underscores the importance of fair and non-discriminatory treatment for OCI card holders, ensuring that their eligibility is considered on par with Indian nationals.

This landmark decision big relief for OCI card holders aspiring to pursue medical education in India, offering a renewed hope for equal educational opportunities.

D.D-01.09.2023.

PALLAVI vs UNION OF INDIA & ORS.  

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/09/01-Sep-2023_Malikarjun_Vs_Vipin.pdf"]

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