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2023 Supreme(SC) 87

A. S. BOPANNA, C. T. RAVIKUMAR
Anushka Rengunthwar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Parties(s) : Mr. Abhay Pratap Singh, AOR Mr. Aaryaan Sadanand, Adv. Ms. Mitali Umat, Adv. Mr. Sriram P., AOR M/S. K J John And Co, AOR Mr. Abishek Jebaraj, AOR Ms. A. Reyna Shruti, Adv. Mr. Renjit V Philip, Adv. Ms. Srishti Agnihotri, AOR Mr. Abishek Jebaraj, Adv. Ms. Sanjana Grace Thomas, Adv. Ms. A. Reyna Shruti, Adv. Mr. Renjit V. Philip, Adv. Ms. Mantika Vohra, Adv. Mr. P Chidambaram, Sr. Adv. Mr. K. V Viswanathan, Sr. Adv. Mr. Kunal Cheema, AOR Mrs. Ruchita Kunal Cheema, Adv. Mrs. Aditi Deshpande Parkhi, Adv. Mr. Shivam Dube, Adv. Mr. Romy Chacko, AOR Ms. K. V. Bharathi Upadhyaya, AOR Mr. Shivendra Singh, AOR Mr. Bikram Dwivedi, Adv. Mr. Dhananjaya Mishra, Adv. Dr. Mukut Nath Verma, Adv. Mr. B. K. Satija, AOR Mr. Himanshu Satija, Adv. Mr. Harshit Khanduja, Adv. Mrs. Neha Mehta, Adv. Mr. Mukund P. Unny , AOR Mr. Tushar Mehta, Solicitor General Mr. Aishwarya Bhati, A.S.G. Mr. Apoorva Kurup, Adv. Mrs. Aakanksha Kaul, Adv. Mrs. Ruchi Kohli, Adv. Mr. Kanu Agarwal, Adv. Mr. Udai Khanna, Adv. Mrs. Deepabali Dutta, Adv. Ms. Poornima Singh, Adv. Mr. Rustam Singh Chauhan, Adv. Mr. Manvendra Singh, Adv. Mr. Arvind Kumar Sharma, AOR Mr. V. N. Raghupathy, AOR Mr. Manendra Pal Gupta, Adv. Mr. Dhanesh Ieshdhan, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Rupesh Kumar, AOR Ms. Pankhuri Shrivastava, Adv. Ms. Neelam Sharma, Adv. Mr. Rajeev Sharma, Adv. Mr. Sonal Jain, AOR Mr. Arjun Mitra, Adv. Mr. Udayan Jain, Adv. Ms. Kajal Sharma, Adv. Mr. Sibo Sankar Mishra, AOR Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Saaketh K, Adv. Mr. A. Karthik, AOR M/s Smrithi Suresh, Adv. Mr. Krishan Kumar, AOR Ms. Neetu Sharma, Adv. Mr. Nitin Pal, Adv. Ms. Namrata Chadha, Adv. Ms. Muskan Jain, Adv. Mr. Dheeraj, Adv. Mr. Rajat Joseph, AOR Ms. Rekha Dayal, Sr. Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Ms. Niharika Dewivedi, Adv. Ms. Shweta Sand, Adv. Mr. Ravish Kumar Goyal, Adv. Mr. Amit Kumar Chawla, Adv. Mr. Nitin Sharma, Adv. Ms. Sandhya Sharma, Adv. Mr. Ravindra Adsure, AOR Mr. Lav Mishra, Adv. Mr. Yash Prashant Sonawane, Adv. Mr. Rohan D, Adv.

Judgement Key Points

What is the validity of the notification dated 04.03.2021 regarding the eligibility of OCI cardholders for medical admission tests? What are the rights of OCI cardholders concerning medical admission tests in light of the notification dated 04.03.2021? How should the impugned notification dated 04.03.2021 operate concerning OCI cardholders who secured their status before the notification's date?

Key Points: - The Union of India has the power to pass notifications under Section 7B(1) of the Citizenship Act, 1955, to confer or alter rights (!) . - When a conferred right is withdrawn, modified, or altered, the process must demonstrate application of mind, a nexus to the object, and freedom from arbitrariness (!) . - The impugned notification dated 04.03.2021, while competent under Section 7B(1), suffers from non-application of mind and acts retroactively by taking away previously conferred rights (!) . - The impugned notification's supersession of earlier notifications and clause 4(ii), its proviso, and Explanation (1) shall operate prospectively for OCI cardholders who secured their status after 04.03.2021 (!) . - Petitioners and similarly placed OCI cardholders are entitled to the rights and privileges conferred before the 04.03.2021 notification, notwithstanding the exclusions in the new notification (!) . - Participation of petitioners and similarly placed OCI cardholders in selection processes and subsequent actions based on interim orders shall be regularized (!) . - The court expects the Executive to examine the notification's future implications on the Indian diaspora, considering the rights already created (!) . - The petitions/appeals are allowed in part (!) . - OCI cardholders were previously given parity with Non-Resident Indians (NRIs) in educational fields, including appearing for medical entrance tests (!) (!) . - The impugned notification restricted OCI cardholders' eligibility for admission to only "Non-Resident Indian seat" or any supernumerary seat, and explicitly excluded them from seats reserved exclusively for Indian citizens (!) (!) .

What is the validity of the notification dated 04.03.2021 regarding the eligibility of OCI cardholders for medical admission tests?

What are the rights of OCI cardholders concerning medical admission tests in light of the notification dated 04.03.2021?

How should the impugned notification dated 04.03.2021 operate concerning OCI cardholders who secured their status before the notification's date?


JUDGMENT :

1. The petitioners in all these petitions are the Overseas Citizens of India card holders. They are all students who have just reached the full age or are below this age. All the petitioners are aspiring to become Doctors by pursuing the MBBS course by securing admission through NEET selection process and thereafter the post-graduation as also the super specialty in the field of medicine. Some of them are also seeking to pursue post-graduation and also a super specialty. For the purpose of narration of facts, the averments as put forth in W.P.(C) No.891 of 2021 which was taken as the lead case is noted. The petitioners contend that they have been putting in all efforts and were preparing to appear for the NEET-UG examinations based on the right which was available to them under the notifications dated 11.04.2005 and 05.01.2009. Through the said notifications, the Overseas Citizens of India (‘OCI’ for short) cardholders were given the right of parity with Non-Resident Indians (‘NRIs’ for short) in respect of the facilities as notified, including in the field of educati


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