NEET: OCI candidates can appear in general category

NEET: OCI candidates can appear in general category

Court says they need not be treated on a par with NRIs

01/10/2021

Krishnadas RajagopalNew Delhi

The Supreme Court on Thursday permitted Overseas Citizens of India (OCI) candidates to participate in the NEET-UG 2021 counselling in the general category.

A Bench of Justices S. Abdul Nazeer and Krishna Murari was hearing a challenge to a March 4, 2021 notification issued by the Ministry of Home Affairs directing OCI candidates to be treated on a par with Non-Resident Indians (NRIs) for the purpose of NEET. This would mean that successful OCI candidates would have to pay the higher fee paid by NRIs for medical seats in India.

An NRI is an Indian citizen residing abroad. An OCI is a foreign national of Indian origin who is registered as an OCI cardholder under Section 7A of the Citizenship Act.

‘Seats taken away’

The government, represented by Additional Solicitor General Aishwarya Bhati, justified the notification, saying OCIs were “foreigners” who had pledged allegiance to a foreign state. Allowing them to participate in the general category meant taking a chunk of the seats away from young Indian citizens who aspired to study medicine and work as doctors in India. Ms. Bhati said there was a very high possibility that OCIs would use the scarce medical education resources in India and then return to their countries with their degrees.

The court, while appreciating the point made by Ms. Bhati, said the sudden implementation of the March 4 notification, starting with the current academic year itself, was arbitrary.

“We are of the view that at least for the current academic year 2021-2022, the petitioners are entitled to be considered eligible for all the medical seats which the OCIs were eligible for before the issuance of the impugned notification dated March 4, 2021. Therefore, we direct the National Testing Agency to declare the result of the examination taken by the petitioners (NEET-UG 2021) and the eligible petitioners are permitted to appear for the counselling in the general category,” the court directed in its order.

The court, on Ms. Bhati’s insistence, clarified that the order allowing the OCIs to compete in the general category was confined to the 2021-2022 academic year alone. During the hearing, Ms. Bhati said OCIs had voluntarily taken up the citizenship of another country.

Justice Murari observed that the government recognised these people as OCIs and gave them rights. It was now not right on the government’s part to take it away from them all of a sudden.

Justice Nazeer said the country was known for its spirit of inclusiveness. Besides, the number of OCIs who had participated in NEET, around 400, was miniscule.