The Chandigarh Administration has the authority to impose distinct admission criteria for MBBS and BDS courses for Foreign Indian Students, justifying the exclusion of NRI wards among other provisions.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Introduction and Brief Facts

1.1 The challenge herein is to Clause A(6) of the prospectus issued by the Chandigarh Administration, for admission to MBBS course, whereby the definition and scope of the Foreign Indian Students (FIS) for the said purpose of admission has been restricted so as to exclude the relations of Non Resident Indians (NRI) from the ambit of FIS. In substance, the petitioner claims that a common prospectus has been issued, wherein the criteria for admitting the FIS/Foreign Nationals/NRIs has been separately laid down for admission to MBBS course on one hand and BDS course on the other hand.

1.2 The petitioner aspires for admission to MBBS-2024 course in the Government Medical College and Hospital (GMCH) run by the Chandigarh Administration. The students are admitted after they have passed the National Eligibility-cum-Entrance Test (UG) 2024. The online prospectus was made available to the candidates on 09.08.2024. The last date for submission of the online applications form and fee was 16.08.2024 (Friday) by 5:30 P.M. This writ petition was filed on 13.08.2024. A common prospectus has been issued and published for admission to GMCH, Chandigarh, Dr. Harvansh Singh Judge Institute of Dental Sciences and Hospital, Chandigarh (Dental college) and the Homeopathic Medical College, Chandigarh (a private college). The relevant clauses of the prospectus read as under:-

A: MBBS COURSE

Institution: GOVERNMENT MEDICAL COLLEGE & HOSPITAL, SECTOR 32, CHANDIGARH.

XXXX XXXX XXXX XXXX XXXX

The distribution of these 150 seats will be as under:-

XXXX XXXX XXXX XXXX XXXX

A-6): Eligibility criteria and admission procedure for Foreign Indian Student:

1. The Candidates must be of Indian origin. These seats are not open to foreign nationals who are of non-Indian origin.

2. Candidates must have claimed his/her eligibility for NRI/OCI category while applying for NEET (UG) -2024 examination.

3. The candidates meeting any of the following criteria will be eligible to apply for admission under this category:

a. Persons of Indian origin who are citizens of countries other than India and hold the passport of the country concerned.

b. Overseas Citizens of India.

c. Indian citizens (candidates) who have resided in a country other than India for a minimum period of three years Immediately preceding the year of admission in the Govt. Medical College and Hospital, Sector-32, Chandigarh.

Explanation - The aforesaid condition of residence for a minimum period of three years in a country other than India prescribed in clause (iii) above means actual/physical residence on a regular basis. Notional, Deemed or constructive residence of any kind shall not be considered for this purpose. Accordingly, possession of a Green card/Permanent Resident Permit will ipso facto not confer eligibility or entitlement for admission. For compliance with this clause, the candidate should submit the certificates from the school(s) attended in a country other than India during the three years immediately preceding the year of admission as a regular student. If there is a gap between in the studies between the completion of 10+2 and year of application then the candidate must provide proof of actual residence abroad for three years immediately preceding the year of admission, in the form of a certificate issued from the Indian embassy/Consulate in that country that the candidate was residing in the concerned country (Foreign country) covering an actual period of 3 years.

i. The expression "Overseas Citizens of India" in clauses (ii) above refers to persons registered as such under Section 7-A of the CITIZENSHIP ACT , 1955 as amended up-to-date.

4. Only NEET (UG) - 2024 qualified candidates can apply for admission against Foreign Indian Student category seats for admission year 2024.

5. The candidates must have passed in the subjects of Physics, Chemistry, Bio