How OCI student would get Non - NRI MBBS seat?
The Supreme Court on Tuesday questioned why OCI candidates who are currently residing in India do not apply for Indian citizenship after renouncing their foreign citizenship while taking into consideration the arguments raised by the children of Overseas Citizens of India (OCI) desiring MBBS admissions in general category seats.
The Union Ministry of Home Affairs (MHA) had stated clearly in an official gazette that holders of OCI cards can only be admitted to "NRI (Non-Resident Indian) quota seats" in academic institutions based on all-India entrance exams like the National Eligibility cum Entrance Test.
OCI cardholders who "appear for the all India entrance tests such as Joint Entrance Examination (Advanced), National Eligibility Cum Entrance Test Joint, Entrance Examination (Mains) or such other tests" will only be qualified for admission against any Non-Resident Indian seat or any supernumerary seat," according to the gazette notification dated 04.03.2021. OCI cardholders won't be qualified for "admission against any seat exclusively allocated for Indian citizens" in this way.
Even though they've been granted parity with Indian nationals in several areas, their parity with non-resident Indians still applies to education.
Senior attorney KV Vishwanathan, speaking on behalf of the petitioners and contesting the Government's announcement, stated that the petitioner students were born to OCI parents and have been residents in India. He stated that as NRIs live outside of India and earn foreign currency, they cannot be equated to OCI cardholders. However, many OCI families reside in India and meet the domicile criteria.
The petitioner students' legal representative stated, "They have returned, and their children have finished school here up to the 12th grade, but all of a sudden a notification in 2021 says you will be on an equal level with NRIs and won't be eligible to apply for general seats or the All India Quota even though they meet the domicile criterion."
The top court panel noted this plea and indicated an interest in learning why these OCIs continue to reside in India. In response, the petitioners' attorney outlined how the idea of OCI was first developed by the Union Government in 2005 in order to grant certain rights to people of Indian descent who might also be citizens of other countries. To entice them to reside in India and provide their services there, this was done.
The fact that some kids acquire foreign citizenship as a result of being born in a nation where their parents were employed was also brought up. They later visited India again and raised their families there. However, they were only granted OCI status because of their foreign citizenship.
In light of this, the student's legal representative stated that it would be absurd to contrast them to NRIs, who reside outside of India.
The top court bench made the first mention of the conduct of some persons who plan for the birth of their child to occur in a foreign land where citizenship is immediately bestowed at birth. "However, issues like these will arise in the future. You aren't either here or there. You're stranded "noticed the bench. Why don't you obtain Indian citizenship here, the bench continued to query in this context.
In response, the applicant’s attorney argued that an individual cannot be granted citizenship until they reach the age of adulthood. He further noted that the majority of applicants for MBBS and BDS enrollment are minors. The OCI students who live in India struggle to afford the high tuition and extremely little reservation for NRI candidates, which he also stated.
"NRIs receive their income in dollars or other currencies. However, the parents who are OCIs in this country make rupee-based income and pay taxes. However, according to the 2021 notification, their ward, OCI, is now considered an NRI. The drawback is that they cannot register in a college abroad because they are not recognized as domestic candidates, "said the applicants' legal representative.
The government's attorney further stated that the appellants were attempting to fill seats intended for Indian citizens, who have no other options. However, OCI students can exercise their citizenship privileges outside of the country.
Justice Dhulia questioned the petitioners' attorney, "Why don't you give up the citizenship there?" noting that medical seats are a "finite resource."
The petitioners' attorney replied by stating that the petitioning students are simply asking for the maintenance of the privileges granted to them through the year 2021, not the granting of any new rights.
He cited Section 7B of the Citizenship Act of 1955, which specifies that OCI citizens are eligible for the privileges outlined by the Government, to bolster his claim.
Regarding to this, he claimed that the sudden revocation of rights was capricious because th ey had been in place for a long time and there was a genuine expectancy. He added that many OCI cardholders choose to stay in India as a result of the privileges granted by Section 7B. He further asserted that the Central Government's notification ignored people who had been in India for a significant amount of time and painted all OCIs with the same picture.
The top court bench has scheduled a follow-up hearing for next Tuesday after taking into account both parties' arguments.
Have a look on the following
https://www.youtube.com/watch?v=mvt0kUyPQsQ&t=2s
https://www.youtube.com/watch?v=OAfQGnjHjqY
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