J U D G M E N T

The issue involved in these writ petitions pertains to whether the right of admission to the MBBS course for Overseas Citizen of India [OCI] Cardholders, who have obtained their OCI Cards prior to 04.03.2021, are to be considered under the seats reserved against the Indian National Category or the Foreign National Category. An identical question is involved in both these petitions, hence, the same are being adjudicated by way of this common judgment. For the sake of convenience, the foundational facts are primarily taken from W.P.(C) 12263/2024. However, wherever necessary, references to the pertinent facts from W.P.(C) 11775/2024 shall also be made.

2. The petitioner was born in India on 24.01.2006 in Tiruchirappalli, Tamil Nadu. Thereafter, she pursued her schooling from Kindergarten up to 7th standard from the United States of America. Subsequently, she returned to India and continued her education, from 8th standard to 12th Signature Not Verified Signature Not Verified Digitally Signed Digitally Signed standard. Subsequently, the petitioner has acquired citizenship of the United States of America on 12.05.2021, following which she obtained her OCI Card on 12.07.2021.

3. The petitioner, being desirous of securing admission to the Bachelor of Medicine and Bachelor of Surgery [MBBS] course at an Institute of National Importance [INI], applied for National Eligibility cum Entrance Test – Undergraduate [NEET-UG] 2024. The petitioner submitted her online application, wherein she disclosed herself to be a Foreign National. The examination was held on 05.05.2024, and the results were declared on 26.07.2024.

4. Based on the result and the merit list, the petitioner submitted her claim for admission in accordance with the brochure-prospectus issued by the respondent-AIIMS. Clause 4 therein, postulates reservation of one hundred and twenty-five (125) seats for Indian Nationals and seven (7) seats for Foreign Nationals. The relevant portion of the brochure-

prospectus reads as under:-

“4.0. Number of Seats & Reservation A. AllMS, New Delhi:

One hundred and twenty-five (125) seats for Indian Nationals and Seven (7) seats for (Foreign Nationals) are available for admission to MBBS course. The policy of reservation of the Government of India is applied at AllMS. The reservation roster (including 5% reservation for Persons with Benchmark Disability) will be maintained by Medical Counseling Committee and shall be applied to AllMS, New Delhi.”

5. The core grievance of the petitioners in the instant case pertains to the allocation of the seven seats, which have been reserved for the Foreign Nationals, have been allegedly filled by certain students improperly and erroneously, who have obtained their OCI Cardholding status prior to 04.03.2021. According to the petitioner(s), the same stands Signature Noti nV evriifioeldation of the directions passed by the Supreme CourtS iignn atAurne uNsoht Vkear ified Digitally Signed Digitally Signed Rengunthwar v. Union of India1, and has adversely impacted the prospects of the petitioner in securing an admission under the Foreign National Category.

Submissions on behalf of the petitioners

6. Mr. Amol Chitale, learned counsel for the petitioner, submits that the action of the respondents in considering students who had acquired OCI Cards prior to 04.03.2021 under the Foreign National Category is illegal and contrary to the legal provisions governing the OCI Cardholders. He contends that by including these OCI Cardholders within the Foreign National Category, the respondents have permitted ineligible candidates to occupy seats reserved mainly for the Foreign Nationals, thereby depriving the petitioner of her legitimate right of fair consideration.

7. He submits that if the decision in Anushka (supra) is appreciated in the right perspective, it would clearly demonstrate that the respondents ought not to have considered OCI Cardholders prior to 04.03.2021 within the Foreign National Category. Instead, ca