SC directed NTA to declare the results of OCI candidates and treat them as general category category candidates during counselling session.
In a significant development, the Overseas Citizens of India (OCI) has been allowed by the Supreme Court (SC) to participate in the NEET 2021 counselling in the general category. But the SC has given the permission for this year only. The interim order has been passed by the SC after the OCI candidates filed a writ petition challenging a notification issued by the Centre to treat the OCI as Non-Resident Indians (NRIs) during college admissions.
In its interim order, the SC directed the National Testing Agency (NTA) to declare the results of OCI candidates and treat them as general category candidates during counselling session. The interim order was passed by a bench of Justices Abdul Nazeer and Krishna Murari. The SC bench will hear the other issues raised in the plea on October 20.
“We are of the view that at least for the current academic year 2021-2022, the petitioners are entitled to be considered eligible for all the medical seats which the OCIs were eligible for before the issuance of the impugned notification dated March 4, 2021. Therefore we direct the NTA to declare the result of the examination taken by the petitioner’s NEET UG 2021 and the eligible petitioners are permitted to appear for the counselling in the general category. This order is confined to the academic year 2021-2022," SC said.
“Our country is known for inclusiveness. You can bring non-citizens and give them citizenship. These are very much Indians. Maybe they must have gone abroad. Section 9 must have been upheld many times now. But we are on the question of an immediate problem, namely, the notification," Justice Nazeer said.
Justice Krishna Murari noted, “In so far as notification is concerned, they were not having these privileges or rights. You conferred upon them these privileges and rights. And subsequently to say that without any sudden, you withdrew that. From where do they have to go? The balance of convenience is in their favour. This is the prima facie case because such a notification can be declared arbitrary under Article 14. How do you say that prima facie? So far as final termination are concerned, they may be relevant. But they may not be arising at the interim stage."
Additional Solicitor General (ASG) Aishwarya Bhati, who appeared for the centre said that OCI have a right to participate in NEET 2021 exam but the seats are under NRI category. “They cant come for the seats reserved for Indians," Bhatti said.
The SC pointed out that when it comes to paying fees under the NRI quota, these students lack enough money as NRIs. “Why of a sudden this material change. We don’t know what position they are in. They had legitimate expectations that alright this year, they will hold the exam and appear and as a threshold of the exam, they will have to appear in the NRI quota. The question of participating in the counselling on a particular quota only depends on the year of the exam and not before that. Now once they clear the exam, you all of a sudden say that you will have to pay a fee of NRI quota," SC said.
Meanwhile, the NTA is expected to soon release the answer key for NEET 2021 entrance exam. It is likely that the NTA would release the NEET 2021 entrance exam result few days after the release of NEET 2021 entrance exam answer key.
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 "NEET 2021 entrance exam: OCI's to be considered under General Category during counselling, says SC")
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