Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational institutions – Medical education – Admission to post graduate courses |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Citizenship Act, 1955 (57 of 1955) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Issue for consideration: The petitioner-foreign national, challengesthe rejection of candidature to a Post graduate medical seat when she wasallowed to appear in the NEET mains as Overseas Citizen of India Cardcardholder, wherein she participated in the mock rounds and was allotted PGin Paediatrics in AIIMS, however, just before the fi rst round of counsellingshe was informed that she would be treated as an Indian national and notas a foreign national.Education/Educational institutions – Medical education –Admission to post graduate courses – Foreign national holding anOverseas Citizen of India Card-OCI Card appeared in the written examparticipated in the mock rounds and was offered PG in Paediatrics inAIIMS – However, just before the first round of counselling, rejection ofher candidature to a PG medical seat by changing her status from foreignnational to Indian national on basis of the Notification, withdrawingthe privileges conferred upon OCI Card holders regarding their paritywith Indian nationals for appearing in NEET exams – Legality:Held: Petitioner’s eligibility to claim the benefit of OCI card holdercannot be denied – Rejection of her candidature not supported in law– Notification dated 04.03.2021 operated arbitrarily because it indicatednon-application of mind in not saving accrued rights; and the application ofproviso to Clause 4 (ii) of the notification was held to have no nexus withthe objects sought to be achieved – When the right conferred was withdrawnand altered, in the process leading to such change, it should demonstrateapplication of mind, nexus to the object of such withdrawal or modification and any such decision had to be free of arbitrariness – Notifi cation savedfrom the vice of non-application of mind and was in fact retroactive – It wasin these circumstances it was held that only those persons who obtained OCICards after 04.03.2021 were rendered ineligible in terms of the notifi cation– Thus, the issuance of direction to consider the petitioner in remainingcounselling rounds by AIIMS and all participating institutions for PGMedical seats – Citizenship Act, 1955 – s. 7A to D. [Paras 14-17] |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 782 |
Petitioner | Pallavi |
Respondent | Union Of India & Ors. |
SCR | [2023] 11 S.C.R. 943 |
Judgement Date | 2023-09-01 |
Case Number | 642 |
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