Not mandatory for OCI cardholder to possess an Indian passport: Bombay HC upholds MBBS admission granted to student
Mumbai: Upholding the state government's decision of granting admission to an overseas citizen of India in the MBBS course at Goa Medical College under the NRI quota, the Bombay High Court has recently dismissed a plea opposing the admission.
Considering that the main issue of contention was the medical student's not holding an Indian passport, the court stated that it is not mandatory for an OCI cardholder to possess an Indian passport.
There was no reason to introduce such eligibility criteria to OCI cardholders because in their case the competent authority has already examined the eligibility criteria prescribed under Section 7A of the Citizenship Act, 1955 and only thereafter issued to them a card thereby conferring upon them the status of OCI cardholders. This is quite clear, from the circumstance that an OCI cardholder, is not a citizen of India, and therefore, it would be futile to insist that even the OCI cardholder must hold an Indian passport
Consequently, the rulings relied upon by Mr. Sardessai really do not apply to the fact situation of the present matter. In the absence of any relaxation, waiver, or departure, the contention-based upon arbitrariness or unfairness also fails and the rulings relied upon by Mr. Sardessai, on this aspect, are also quite inapplicable. Since, we find no infirmity in the admission granted to respondent no.4, there is no need, to go into the issues of equity or sympathy raised by Mr. Kakodkar, learned Counsel in this matter.