Pallavi vs Union of India & Ors.

Court

Supreme Court of India

Date

1 September 2023

Case No.

Writ Petition (Civil) No. 642 of 2023

Result

Allowed

Bench

S. Ravindra Bhat, Aravind Kumar

Citation

[2023] 11 S.C.R. 943 : 2023 INSC 782

Issue for consideration

The petitioner-foreign national, challenges the rejection of candidature to a Post graduate medical seat when she was allowed to appear in the NEET mains as Overseas Citizen of India Card cardholder, wherein she participated in the mock rounds and was allotted PG in Paediatrics in AIIMS, however, just before the first round of counselling she was informed that she would be treated as an Indian national and not as a foreign national.

Headnote

Education/Educational institutions – Medical education – Admission to post graduate courses – Foreign national holding an Overseas Citizen of India Card-OCI Card appeared in the written exam participated in the mock rounds and was offered PG in Paediatrics in AIIMS – However, just before the first round of counselling, rejection of her candidature to a PG medical seat by changing her status from foreign national to Indian national on basis of the Notification, withdrawing the privileges conferred upon OCI Card holders regarding their parity with Indian nationals for appearing in NEET exams – Legality: Held: Petitioner’s eligibility to claim the benefit of OCI card holder cannot be denied – Rejection of her candidature not supported in law – Notification dated 04.03.2021 operated arbitrarily because it indicated non-application of mind in not saving accrued rights; and the application of proviso to Clause 4 (ii) of the notification was held to have no nexus with the objects sought to be achieved – When the right conferred was withdrawn and altered, in the process leading to such change, it should demonstrate application of mind, nexus to the object of such withdrawal or modification and any such decision had to be free of arbitrariness – Notification saved from the vice of non-application of mind and was in fact retroactive – It was in these circumstances it was held that only those persons who obtained OCI Cards after 04.03.2021 were rendered ineligible in terms of the notification – Thus, the issuance of direction to consider the petitioner in remaining counselling rounds by AIIMS and all participating institutions for PG Medical seats – Citizenship Act, 1955 – s. 7A to D. [Paras 14-17] LIST OF CITATIONS AND OTHER REFERENCES

Anushka Rengunthwar & Ors. v. Union of India & Ors. 2023 SCC Online SC 102 – relied on.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT S. RAVINDRA BHAT, J. 1. The petitioner has approached this Courtseeking relief under Article 32 of the Constitution aggrieved by the rejection of candidature to a Post Graduate medical seat; the respondent rejected her application after she was allowed to appear in the written examination and the results were declared for the NEET (PG) and the INI-CET/2023 (hereafter called “NEET” collectively). 2. The All India Institute of Medical Sciences(AIIMS), the Nodal Agency for the NEET test/examination, called for applications from eligible candidate

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