PALLAVI versus UNION OF INDIA & ORS.

PALLAVI versus UNION OF INDIA & ORS.

The petitioner held an OCI registration issued prior to 04.03.2021 (02.11.2015) and, following this Court’s ruling in Anushka Rengunthwar, the MHA notification dated 04.03.2021 could not be applied so as to withdraw accrued rights of such OCI cardholders; AIIMS’ change of the petitioner’s status and rejection of her candidature was not supportable in law, and she must be considered in remaining counselling rounds for PG medical seats along with other similarly placed OCI cardholders issued prior to 04.03.2021.

Parties
Petitioner: Pallavi; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
01 September 2023
Procedural Posture
Writ Petition (civil) No. 642 of 2023 Under Article 32 of the Constitution of India / Judgment Allowing Writ Petition (01.09.2023)
Outcome
Writ petition allowed
Legal Topics
OCI Cardholders, Neet/pg Medical Admissions, Validity and Retrospective Effect of MHA Notification Dated 04.03.2021, Section 7 B of the Citizenship Act, 1955, Parity With Nris and Indian Nationals
Constitutional Law Administrative Law Citizenship Law Education Law Medical Education and Admissions OCI Cardholders Neet/pg Medical Admissions Validity and Retrospective Effect of MHA Notification Dated 04.03.2021 +2 more

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Parties

Pallavi

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 642 of 2023 Under Article 32 of the Constitution of India / Judgment Allowing Writ Petition (01.09.2023)

Legal Issues

  1. 1 Whether the petitioner, an OCI cardholder issued an OCI registration prior to 04.03.2021, could be denied the benefit of OCI status for NEET/PG counselling by application of the MHA notification dated 04.03.2021
  2. 2 Whether the MHA notification dated 04.03.2021 could be given retrospective effect to withdraw accrued rights of OCI cardholders issued prior to that date
  3. 3 Whether AIIMS was justified in changing the petitioner’s status from OCI/Foreign National to Indian National and rejecting her candidature

Ratio Decidendi

The petitioner held an OCI registration issued prior to 04.03.2021 (02.11.2015) and, following this Court’s ruling in Anushka Rengunthwar, the MHA notification dated 04.03.2021 could not be applied so as to withdraw accrued rights of such OCI cardholders; AIIMS’ change of the petitioner’s status and rejection of her candidature was not supportable in law, and she must be considered in remaining counselling rounds for PG medical seats along with other similarly placed OCI cardholders issued prior to 04.03.2021.

Court Disposition

Writ petition allowed

Orders

  • Petitioner to be considered in remaining counselling rounds by AIIMS and all participating institutions for PG medical seats
  • Consideration to include seats unfilled on date of judgment, including seats reserved for SC/ST/OBC or other categories and specially earmarked seats if they can be filled by the petitioner