J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner seeks to quash Exts.P8 and P12 and to direct respondents 3 to 8 to issue further orders ratifying and legalising the stay of the petitioner in India since 1996, based on Exts.P14 and P14(a). The petitioner further seeks to declare that he is an Indian Citizen and seeks to direct respondents 3, 4 and 8 to issue OCI Card to the petitioner as soon as possible.

2. The petitioner is aged 25 years and holds MBBS Degree. The parents of the petitioner were working in Canada. The petitioner was born in Canada on 18.08.1996. Soon thereafter, within three months, the petitioner's mother and the petitioner came back to India. The petitioner is residing in India since then along with his family. The petitioner states that he is an Indian citizen by all means. He has stayed in Canada only for 40 to 60 days.

3. The petitioner had his entire education in Kerala.

The petitioner was issued Aadhaar card. His name was included in the ration card also. The petitioner’s parents are Indian citizens by birth and they continue to be so even now. After the petitioner's arrival in India immediately after his birth, the petitioner has not visited Canada till 2019. In the year 2019, the petitioner along with his sister went to Canada for the purpose of higher education of sister. The officials in Immigration office questioned the petitioner. Later, a show-cause notice was issued to the parents of the petitioner on 16.12.2019 alleging that the petitioner and his sister violated Visa conditions.

4. The petitioner's parents appeared before the Immigration office and gave a written explanation. As the respondents took a stand that the petitioner is technically a foreign citizen, the petitioner submitted an application for grant of Overseas Citizen of India (OCI) Card. To get the OCI card, the petitioner renewed his Canadian passport which had lapsed long back in the year 1997. The Government of India has legalised the stay of the petitioner in India since 1996. It was thereafter that the petitioner applied for OCI card.

5. The petitioner states that since he is technically treated as a citizen of Canada, the petitioner has to be issued OCI card for the continuous stay in India. The petitioner therefore seeks to direct respondents 3, 4 and 8 to issue OCI card to the petitioner as soon as possible.

6. The Central Government Counsel filed a statement on behalf of respondents 1, 3, 4 and 8. The respondents stated that the petitioner is a Canadian citizen holding Canada passport. The petitioner stayed in India illegally. When that was detected, a show-cause notice was issued to the petitioner on 16.12.2019. The petitioner thereupon approached the FRRO, Trivandrum and submitted an application for issue of X-Entry Visa and to regularise his period of illegal stay in India. The petitioner's overstay was regularised imposing penalty.

7. The respondents submitted that as per Section 7A of the Citizenship Act, 1955, foreign nationals, who are eligible to register as OCI cardholder, which is a lifelong Visa, are eligible to enjoy the rights as per MHA Notification dated 04.03.2021 but the OCI cardholder shall not be eligible for admission against any seat reserved exclusively for Indian citizens and pursuing the professions of Doctors, Dentists, Nurses, Pharmacists, Advocates, Architects and Chartered Accountants in India. The respondents further stated that they have only sought for an explanation as per Ext.P12 and therefore the petitioner cannot seek any legal remedy at this stage.

8. The learned Standing Counsel for the 5th respondent-University submitted that if the petitioner obtains OCI card, his application for admission to Colleges under the University can be considered in accordance with the rules and regulations governing the same.

9. I have heard the learned counsel for the petitioner and the learned Central Government Counsel representing the respondents. I have also heard the learned Standing Counsel representing th