WHAT DID THE SC SAY?
- In Anushka Rengunthwar & Ors. v. Union of India & Ors., the Supreme Court held that the 2021 notification issued by the Union Government related to taking away of rights of Overseas Citizens of India (OCI) category students from applying under the general category will apply only prospectively.
- As per this notification, the OCI students are only allowed to apply to NRI seats for all India entrance tests like JEE(Mains) and (Advanced) or NEET.
- This notification also barred OCIs from applying to seats exclusively reserved for Indian citizens.
WHAT IS THE CASE ABOUT?
- In this case, several petitions were filed by a group of OCIs challenging the restrictions imposed under the said notification.
- As per the petitions, most of the petitioners had completed their education in India and it was emphasised that it would be completely unfair to ask them to return to their birth country.
- It further mentioned that exclusion of OCIs from applying under the General category creates hardship for them and they have to resort to applying under the NRI category just because they were born in a foreign country.
OBSERVATION OF THE COURT AND DECISION:
- The Ld. Court noted the arguments presented by the petitioners and held that the notification released by the centre in 2021 placing such restrictions on OCIs will be applied prospectively from the date of the notification.
- The Court further noted that it would be unfair to the students who are restricted from applying under the General category just because they are born in a foreign nation but completed their education in India.
- Accordingly, the Court gave relief to the petitioners.