P&H High Court - Grants OCI Students Equal Access to MBBS Course Under General Category

In a groundbreaking ruling, the High Court of Punjab and Haryana, Chandigarh, delivered a verdict in favor of Overseas Citizen of India (OCI) students seeking admission to the MBBS Course under the General Category. The court declared that OCI card holders are entitled to the same benefits as Indian citizens for MBBS admissions, dispelling the restrictions that confined them to the NRI Quota.

Chief Justice Ravi Shanker Jha and Justice Arun Palli presided over the case of Aqeeq Mann, a minor represented by his father, who petitioned against the denial of access to the General Category despite securing a rank in the National Eligibility-cum-Entrance Test (NEET)-2023.

"OCI candidates are entitled to the same benefits, that are being given to the NRI candidates... the notification... providing that OCI card holders would be eligible for admission against the seats reserved for NRI candidates only, has been quashed." (Paragraph 4)

The petition, filed against Clause 17 (vi) of the impugned notification issued by the Government of Punjab, Department of Medical & Research (Health-III Branch), contended that such restrictions were illegal, arbitrary, and in violation of constitutional provisions.

"The authorities have not examined and decided the issues raised by the petitioner in the petition... appropriate orders be passed." (Paragraph 5)

Highlighting a previous Supreme Court ruling in the case of Anushka Rengunthwar & Ors. vs. Union of India & Ors., which granted parity to OCI candidates with NRI candidates, the petitioner sought equal opportunities under the General Category.

Recognizing the urgency of the matter, the court directed the concerned authorities to decide on the petitioner's case immediately, considering all aspects and NEET-related guidelines.

The landmark judgment paves the way for OCI students aspiring to pursue MBBS in the State of Punjab, allowing them equal access to the General Category seats and ensuring a fair and equitable admission process.

The ruling has significant implications for OCI students across the country, emphasizing equal opportunities in higher education and upholding the principles of equality enshrined in the Constitution of India.

Date Of Decision: 20th July 2023

Aqeeq Mann (minor) through his father and natural guardian vs State of Punjab and others