OCI cardholders are only eligible for NRI seats, not for State Quota or reserved categories meant for Indian citizens: Punjab & Haryana High Court

Punjab and Haryana High Court, in Aranav Bhargav v. Baba Farid University of Health Sciences, dismissed a writ petition filed by an Overseas Citizen of India (OCI) cardholder seeking admission to MBBS under the State Quota. The petitioner, Aranav Bhargav, challenged the prospectus clause limiting OCI admissions to the NRI category, seeking admission under the sub-category for wards of gallantry award recipients. The Court upheld the clause, emphasizing that OCI cardholders cannot claim parity with Indian citizens for State Quota seats.

The petitioner, an OCI cardholder born in the USA, applied for MBBS admission under the NRI category but sought to be considered under the State Quota as a ward of a gallantry award recipient. The petitioner argued that the clause restricting OCI cardholders to the NRI category was discriminatory. However, the University and the State maintained that OCI candidates are eligible only for NRI seats as per the guidelines.

The key issue was whether OCI cardholders are entitled to be considered for State Quota seats, specifically under reserved categories meant for Indian citizens, despite the clear provisions of the prospectus limiting them to NRI seats.

Justice Kshetarpal ruled that the petitioner’s request lacked merit, as OCI cardholders are not entitled to claim rights reserved for Indian citizens under State Quota admissions. The Court referred to the legal distinction between OCI cardholders and Indian citizens, as outlined in the Citizenship Act, 1955, and various notifications from the Government of India.

"OCI cardholders, while entitled to various rights, cannot claim the same privileges as Indian citizens, particularly in matters of State Quota admissions."

Conclusion

The Punjab and Haryana High Court dismissed the petition, reaffirming that OCI cardholders are only eligible for admission under the NRI category and cannot claim State Quota seats reserved for Indian citizens, including reserved sub-categories such as gallantry award recipients.

Date of Decision: September 25, 2024

Aranav Bhargav v. Baba Farid University of Health Sciences​.