SC declares order to treat OCIs as NRIs in medical entrance to be applied prospectively

The court said it would apply prospectively only to people who are born in a foreign country subsequent to March 04, 2021

The Supreme Court on Friday declared that the Union government's March 4, 2021 decision stating Overseas Citizens of India (OCI) appearing for entrance tests to medical courses could not compete for seats reserved for citizens here would be applied with prospective effect only.

"The notification suffers from the vice of non-application of mind and despite being prospective, is in fact ‘retroactive’ taking away the rights which were conferred also as a matter of policy of the Sovereign State," a bench of Justices A S Bopanna and C T Ravikumar said.

Acting on writ petitions filed by OCI candidates, the bench said the petitioners in all these cases and all other similarly placed OCI cardholders will be entitled to the rights and privileges which had been conferred on them prior to the notification and could be availed by them.

The court said though the notification is based on a policy and in the exercise of the statutory power of a Sovereign State, it would apply prospectively only to people who are born in a foreign country subsequent to March 04, 2021.

A group of candidates led by Anushka Rengunthwar contended by the notification, the existing right of appearing for the entrance exams to compete with Indian Citizens for the seat in NEET PG and Super Speciality courses was taken away.

They were restricted for admission only against the seats reserved for Non-Resident Indians or for supernumerary seats.

The government, for its part claimed that the OCI cardholders were not eligible for admission against any seat reserved exclusively for Indian Citizens as the OCI Cardholder is a foreign national holding passport from a foreign country and is not a citizen of India.

The court, however, said, "The government, in furtherance of the policy of the Sovereign State has the power to pass appropriate notifications as contemplated under Section 7B(1) of the Citizenship Act, 1955, to confer or alter the rights as provided for therein. However, when a conferred right is withdrawn, modified or altered, the process should demonstrate application of mind, nexus to the object of such withdrawal or modification and any such decision should be free of arbitrariness."

The bench noted that the notification is not retrospective in as much as it does not affect the OCI Cardholders who have participated in the selection process, have secured a seat and are either undergoing or completed the MBBS course or such other professional course.