Case Note & Summary
The petitioner approached the Supreme Court under Article 32 of the Constitution, challenging the rejection of her candidature for a Post Graduate medical seat after being allowed to appear in the NEET examination. The petitioner, an Overseas Citizen of India (OCI) cardholder, participated in the NEET examination and secured a high rank. However, she was informed that she would be treated as an Indian National just before the first round of counseling, which significantly reduced her chances of admission. The petitioner contended that this change was unfair and arbitrary, particularly in light of a prior judgment that ruled against the retrospective application of a similar notification. The court analyzed the implications of the notification dated 04.03.2021, which withdrew certain privileges from OCI cardholders, and found that it did not save accrued rights. The court held that the notification should apply prospectively and affirmed the rights of OCI cardholders who had obtained their status prior to the notification. Consequently, the court directed that the petitioner be considered for remaining counseling rounds for PG Medical seats, ensuring her eligibility based on her performance in the NEET test. The writ petition was allowed without costs.
Headnote
A) Constitutional Law - Right to Education - OCI Cardholder Eligibility - Article 32 of the Constitution - The court held that the notification dated 04.03.2021, which altered the eligibility of OCI cardholders for NEET admissions, was arbitrary and did not save accrued rights, thus affecting the petitioner's right to participate in the admission process. The court emphasized that the notification should operate prospectively and not retroactively, ensuring that rights conferred prior to the notification remain intact (Paras 59-60).
Issue of Consideration
Whether the notification dated 04.03.2021, which altered the eligibility criteria for OCI cardholders in NEET admissions, was arbitrary and retroactive.
Final Decision
The Supreme Court allowed the writ petition, directing that the petitioner be considered for remaining counseling rounds for PG Medical seats based on her NEET performance, affirming the rights of OCI cardholders who obtained their status prior to the notification dated 04.03.2021.
Law Points
- Article 32
- Citizenship Act
- 1955
- NEET eligibility
- OCI cardholder rights
- retrospective application of notifications
