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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHEEL NAGU, C.J., ANIL KSHETARPAL
Aranav Bhargav – Appellant
Versus
Baba Farid University Of Health Sciences, Faridkot – Respondent
JUDGMENT :
Anil Kshetarpal, J.
1. Brief facts of the case:
1.1 The petitioner herein aspires for admission under the category of 'Wards of Gallantry Award recipients among police officials' in the MBBS course. He has already been allocated a Non-Resident Indian (in short 'NRI') seat in his first preferred college. Through this writ petition, the petitioner is attempting to avoid payment of the fee for the NRI seat.
1.2 The substantive prayers made by the petitioner read as under:-
"Issue a Writ in the nature of Certiorari, quashing the decision/action of the respondents in not considering the petitioner against seats meant for Indian citizens in State Quota seats in MBBS admissions 2024, including seats meant for wards of Punjab Gallantry Award Winners by treating the petitioner exclusively against NRI quota seats; and quashing clause 17(vi) of the Punjab notification dated 9/8/24 contained in the BFU prospectus;
(iii) Issue a Writ in the nature of Mandamus directing the Respondents to consider the petitioner and include him in the admission process for M.B.B.S. Sessions 2024 a OCI card holder (period to 2021) in terms of the Judgment of the Hon'ble Supreme Court against seat for State Q
OCI cardholders do not have equal admission rights as Indian citizens in medical college quotas, and regulations must be strictly followed.
OCI cardholders are ineligible to sponsor candidates under NRI quota if their OCI card was issued after the 2021 Government Notification restricting such sponsorship rights.
When right conferred is withdrawn and altered, it should demonstrate application of mind and nexus to object of such withdrawal.
Overseas Citizens of India (OCI) cardholders are considered foreign nationals and do not have the right to claim educational reservation benefits under Article 371J of the Constitution meant for Indi....
The court ruled that the notification restricting OCI cardholders' admission rights violated Articles 14 and 21, emphasizing the principle of non-retrogression in rights conferred.
The court ruled that admissions under the NRI quota must adhere to existing rules, and arbitrary changes post-admission are invalid.
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 ....
Right of NRIs to appear in Medical Admission Tests – Challenge to Clause 4(ii), its proviso and Explanation (1) as contained in impugned notification dated 04.03.2021 bearing F No.2611/CC/05/2018-OCI....
Point of law : Home Secretary had ample power under the Aliens Order 1953 to refuse admission to aliens or to refuse to extend their stay and further he had exercised that power fairly and validly in....
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