The amended definition of 'Non-Resident Indian' under state law is constitutional, prioritizing statutory eligibility over broader interpretations and reinforcing the State's authority in regulating admissions to prevent misuse of NRI quotas.

JUDGMENT :

HITEN S. VENEGAVKAR, J.

1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the petition is taken up for final hearing.

2. This petition under Article 226 of the Constitution arises in the context of admissions to postgraduate medical courses (MD/MS) in the State of Maharashtra for the academic year 2025-2026. The petitioner has completed MBBS from MGM University, Chhatrapati Sambhaji Nagar and desires admission to postgraduate medical courses against State quota seats in Government/Corporation, State or Central Government aided, and unaided private or minority medical institutions situate within the State of Maharashtra.

3. The petitioner seeks admission under the NRI/OCI quota. The cause of action for the present petition arises from Notice No. 02 for NEET-PG 2025 dated 30.10.2025, issued by the State Common Entrance Test Cell, Mumbai. The said notice prescribes the eligibility criteria and registration process for candidates claiming NRI status and adopts a revised definition of “Non-Resident Indian” introduced by Maharashtra Ordinance No. VI of 2025 dated 25.06.2025, which was subsequently enacted into law. The petitioner challenges the said notice insofar as it applies the amended definition of NRI and prays for its quashing. The petitioner further seeks quashing of the said ordinance and the Act replacing it on the ground that they are illegal, arbitrary, and bad in law, being contrary to the guidelines issued by the Union Government and the law laid down by the Supreme Court. Consequently, the petitioner seeks a declaration that he/she is eligible to be considered under the NRI/OCI quota for postgraduate medical admissions.

4. The petitioner’s factual case is that her real aunt, namely her father’s real sister, is residing in the United Kingdom and fulfills all the requisite criteria. On this basis, the petitioner contends that she is eligible to apply as an NRI/OCI candidate under the documentation framework linked to Union guidelines and the principles laid down by the Supreme Court. The petitioner states that she is unable to complete the online registration process because the amended definition of “NRI” introduced by the State disqualifies her. According to the petitioner, she would otherwise be eligible under the framework applicable at the national level, including the revised guidelines for issuance of NRI certificates by Indian Missions or Posts abroad and the counselling instructions that prescribe submission of specified documents by candidates claiming NRI status.

5. The petitioner’s counsel submits that the Union of India, through the Directorate General of Health Services, New Delhi, issued a notice dated 26.09.2025 requiring candidates claiming NRI/OCI status to submit specified documents, including proof of the NRI status of the concerned parent or relative and proof of relationship. It is further submitted that the Ministry of External Affairs issued a corrigendum dated 30.07.2025 revising the guidelines for issuance of NRI certificates by Indian Missions or Posts abroad. According to the petitioner, the notice dated 30.10.2025 issued by the State Common Entrance Test Cell adopts a State- amended definition of “NRI” and, in doing so, ignores the requirements prescribed under the Union framework as well as the law declared by the Hon’ble Supreme C