In an interim order, the Bombay Excessive Courtroom has permitted a scholar, who holds an Abroad Citizen of India (OCI) card, to look for the Joint Entrance Examination (JEE) counselling for searching for admissions to Indian Institutes of Expertise (IITs) below the final class and never the one reserved for NRIs or overseas nationals.
A bench of Justices Ujjal Bhuyan and Madhav Jamdar handed the interim order whereas listening to a plea filed by the feminine scholar difficult part of the notification issued on March 4 this 12 months by the Union Ministry of House Affairs (MHA). As per the MHA notification, OCI cardholders can lay declare to solely Non-Resident Indian (NRI) quota seats in academic establishments primarily based on all-India entrance checks resembling Nationwide Eligibility-cum- Entrance Check (NEET) and JEE, amongst others.
JEE and NEET are engineering and medical entrance exams, respectively. Senior counsel Vineet Naik, who appeared for the petitioner, nonetheless, questioned the authorized validity of the supply. He argued that whereas the petitioner scholar held an OCI card, she was not an NRI and had accomplished her Lessons X and XII from India.
Naik stated she was due to this fact, searching for admission to one of many IITs below the final class for the present educational 12 months. The advocate argued that college students such because the petitioner must be handled as common class candidates and never as overseas nationwide candidates.
If they’re thought-about as common class candidates, they are going to be entitled for consideration of bigger pool of seats and programs – roughly 16,000 – versus 1,600 supernumerary seats created for overseas nationals, he instructed the courtroom. He cited a latest interim order of the Supreme Courtroom whereby, it had permitted an OCI card holder scholar to look for NEET counselling below the final class.
The HC famous {that a} bench of the Madras Excessive Courtroom, too, had handed an analogous order just lately. Advocate Rui Rodrigues, who appeared for the MHA, the Schooling Ministry and the Joint Seat Allocation Authority (JoSSA), instructed the HC the stated notification had been issued by the Centre whereas exercising its powers below the Citizenship Act to specify the rights of OCI cardholders.
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The HC, nonetheless, stated that contemplating the interim orders of the Supreme Courtroom and the Madras HC, related interim reduction may very well be granted to the petitioner. “Having regard to the above (orders), we challenge discover. As an interim measure we direct the respondents, significantly respondent quantity three (JoSSA), to declare the results of the petitioners within the Joint Entrance Examination (Mains) and to allow them to look for counselling within the common class,” the HC stated. The petitioner`s choice or admission to the IIT might be topic to the ultimate order of the courtroom. The HC will hear the matter additional on November 23.
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