New Delhi: The Supreme Court has granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India (OCI) card holder by the All India Institute of Medical Sciences (AIIMS) and directed her to be considered in remaining counselling rounds by the AIIMS and other NEET-PG medical seats.
The top court said the candidate would be considered for unfilled seats on the date of the judgment whether reserved for SC/ST/OBC or other categories and such as specially earmarked for Bhutanese candidates etc. if they can be filled by other candidates, like her, and this facility should be open to the petitioner as well as other candidates based upon the available records of those issued OCI cards prior to March 4, 2021.
A bench comprising justices S. Ravindra Bhat and Aravind Kumar, in a judgment delivered on September 1, said, “In the present case, although the OCI Card relied upon by the petitioner on August 4, 2022, the fact that she was in fact issued the OCI registration card first, on November 2, 2015. In such circumstances, the petitioner’s eligibility to claim the benefit of OCI card holder in terms of the ruling in Anushka (2023) is undeniable”.
The bench said the rejection of her candidature at this stage, i.e. on June 19, 2023, is not supportable in law and added that she is consequently directed to be considered in remaining counselling rounds by the AIIMS and all participating institutions for PG Medical seats.
The top court said it is clarified that the consideration would be regarding seats that are unfilled on the date of this judgment whether reserved for SC/ST/OBC or other categories and such as specially earmarked for Bhutanese candidates etc. if they can be filled by other candidates, like her.
“Furthermore, this facility should be open to the petitioner as well as other candidates based upon the available records of those issued OCI cards prior to 04.03.2021 and who can participate in such counselling having regard to their performance in the NEET test, and their ranking”, said the bench.
The top court judgment came on a plea by Pallavi who moved the apex court seeking relief under Article 32 of the Constitution aggrieved by the rejection of candidature to a postgraduate medical seat. The respondent rejected her application after she was allowed to appear in the written examination and the results were declared for the NEET (PG) and the INI-CET/2023.
The petitioner, who is a US national, appeared in the NEET examination on May 7, 2023, and she held an OCI card. On June 15, the result of the online mock round was announced. The petitioner was allotted the ‘paediatrics’ discipline in AIIMS. Suddenly on June 19, she was informed that she would no longer be treated as an OCI candidate, but would be considered in the category of “Indian national”.
As the first round of counselling was about to commence on June 23, 2023, the petitioner was informed and alleged that she had no choice but to opt for the status of an Indian national which she did, under protest and participated in the first counselling round. The petitioner contended that the change of status presumably on the basis of a central government notification dated March 4, 2021, is unfair given that she has in all senses of the term burnt or foreclosed her options.
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The petitioner contended that for all practical purposes, from the year 2005 and especially her higher education trajectory made her eligible for admission as a foreign national having an OCI card. The apparent decision of AIIMS to treat the petitioner as an Indian national is unfair and arbitrary.
Senior advocate Vinay Navare, on behalf of the petitioner, contended that the basis for this change of stand appears to be the Ministry of Home Affairs notification dated March 4, 2023, under the head (Parity with Non-Resident Indians in the matter of admission to NEET) indicated an exception that OCI card holder is ineligible for admissions to seats exclusively reserved for Indian citizens.
It was submitted that this court recognized that the Central government could issue the notification of the kind which it did on March 2, 2021, in regard to the matters, enumerated or provided for. It was contended that yet at the same time, the court categorically ruled that retrospective effect could not be given to that notification and that despite it seemingly on its application it did have an element of retroactive application.
The top court noted, “Undoubtedly the petitioner was treated as a foreign national and allowed to appear in the NEET mains- as an OCI cardholder; she even secured a fairly high rank. She was allowed to participate in the mock rounds of allocations which led to an indication that she would be offered PG in Paediatrics in AIIMS and just before the first round of counselling she was informed that her status would no longer be as a foreign national and that she would be treated as an Indian national”.
