NEET 2022: SC Suggests OCI candidates seeking MBBS admission in non-NRI seats to apply for Indian Citizenship
New Delhi: While considering the pleas by children of Overseas Citizens of India (OCI) seeking MBBS admissions in general category seats, the Supreme Court on Tuesday asked why the OCI candidates, who are staying in India, don't apply for Indian citizenship after giving up their foreign citizenship.
This question was raised by the Apex Court bench comprising Justices AS Bopanna and Sudhanshu Dhulia as it was hearing the pleas that challenged the 2021 notification issued by the Central Government, which had clarified that OCI candidates can apply only to NRI seats in NEET admissions.
Medical Dialogues had last year reported that in a gazette notification, the Union Ministry of Home Affairs (MHA) had clarified that OCI cardholders can secure admission to "only NRI (Non-Resident Indian) quota seats" in educational institutions based on all-India entrance tests such as National Eligibility cum Entrance Test.
As per the gazette notification, dated 04.03.2021, the OCI cardholders "appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance Examination (Mains), Joint Entrance Examination (Advanced) or such other tests" would be "eligible for admission only against any Non-Resident Indian seat or any supernumerary seat". This way, the OCI cardholders won't be eligible for "admission against any seat reserved exclusively for Indian citizens."
Although they have been given parity with the Indian citizens in several aspects, in case of education their parity remains along with the Non-Resident Indians.
Also Read: OCI candidates can get admission to only NRI quota seats after taking NEET: MHA
As per the latest media report by Live Law, recently while challenging the Government's notification, senior advocate KV Vishwanathan, appearing for the petitioners, submitted that the petitioner students are born to OCI parents and have been residing in India. He argued that OCI cardholders can't be compared with Non-Resident Indians (NRIs) since the latter live abroad and earn foreign currency. On the other hand, several OCI families stay in India and fulfill the domicile requirement.
The counsel for the petitioner students submitted, "They have comeback and their children have completed their studies till 12th here and suddenly a notification in 2021 says you will be on par with the NRIs and will not be able to apply for general seats or All India Quota even though they fulfil the domicile requirement."
Taking note of this submission, the top court bench expressed its curiosity why these OCI persons stay in India. Responding to this, the counsel for the petitioners explained that Union Government introduced the concept of OCI back in 2005 in order to confer certain rights to persons of India origin, who might have foreign citizenship. This was done to encourage them to settle in India and offer their service here.
It was also pointed out that in some cases, children got foreign citizenship because of their birth in that country while their parents were working there. Later, they returned to India and grown up in India. However, because of their foreign citizenship, they only got OCI status.
Referring to this, the counsel for the students argued that it would be illogical to compare them to NRIs, who live outside India.
At this outset, the top court bench referred to the practice adopted by some people, who plan the delivery of their child in such a manner so that it takes place in a foreign country where citizenship is automatically granted on birth. "But later, they will face problems like this. You are neither there nor here. You are stuck", observed the bench.
The bench further asked in this context, "Why don't you get Indian citizenship here?"
Replying to this, the petitioners' counsel submitted that a decision regarding citizenship can be taken only after a person attains the age of maturity. He also pointed out that most of the students applying for MBBS/BDS admissions are minors.
He also referred to the fact that the reservation for NRI candidates is very less and the fees are also exorbitant, which can't be afforded by the OCI students who reside in India.
"The NRIs earn in dollars or other foreign currencies. But the OCI parents here earn in Rupee and pay tax. But their ward is OCI, who is now treated as NRI as per the 2021 notification. The flipside is that they can't go to a college in foreign countries as they are not considered a home candidate," submitted the counsel for the petitioners.
On the other hand, the counsel for the Central Government, Advocate Kanu Agarwal urged for the adjournment since the Solicitor General and Additional Solicitor General were engaged in another hearing. Further, the counsel for the Government added that the petitioners were trying to compete in the seats meant for Indian citiens, who have no avenues outside. On the other hand, OCI students can claim their citizenship rights abroad.
Observing that medical seats are a "scarce commodity", Justice Dhulia asked the counsel for the petitioners, "why don't you give up the citizenship there?".
In response, the counsel for the petitioners submitted that the petitioner students are not demanding any new rights but only for the continuation of the benefits awarded to them till 2021.
To support his argument, he referred to Section 7B of the Citizenship Act 1955, which states that the OCI persons are entitled to the rights specified by the Government.
Referring to this, he argued that since the rights existed for long, there is a legitimate expectation and the sudden withdrawal of rights is arbitrary. He also pointed out that many OCI cardholders decided to settle in India because of the rights conferred under Section 7B. He also claimed that the notification of the Central Government was painting all the OCIs with the same brush, without considering persons who have been residing in India for long.
After considering the submissions of both the parties, the top court bench has listed the matter for further hearing on next Tuesday.
Also Read: NEET SS 2021 Eligibility criteria for OCI candidates: HC issues notice to Centre, NBE
