A. S. BOPANNA, C. T. RAVIKUMAR
Anushka Rengunthwar – Appellant
Versus
Union of India – Respondent
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 - When a conferred right is withdrawn, modified, or altered, the process must demonstrate application of mind, a nexus to the object, and freedom from arbitrariness (!)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 (!) (!) .
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
Maneka Gandhi vs. Union of India
LIC Vs. Consumer Education and Research Centre
Universal Imports Agency & Ans. Vs. Chief Controller of Imports and Exports and Ors.
Navjyoti Coop.Group Housing Society and Ors. Vs. Union of India & Ors.
J.K. Industry Ltd. vs. Union of India
State of Punjab and Ors. Vs. Ram Lubhaya Bagga & Ors.
Izhar Ahmed Khan & Ors. vs. Union of India
Indo-China Steam Navigation Co.Ltd. vs. Jasjit Singh & Ors.
State of A.P. vs. Khudiram Chakma
Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta & Ors.
State of W.B. Vs. Anwar Ali Sarkar
Budhan Choudhary Vs. State of Bihar
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.