Delhi HC upholds decision barring OCIs from representing India in International Mathematical Olympiad

A single judge bench of Justice C Hari Shankar in its March 12 order agreed with a Madras HC decision in the “G Venkatesh vs Bridge Federation of India” case and said that “the decision as to who should be permitted to attempt the Olympiad is a policy decision.”

“Participation in International Maths Olympiads is handled by the Department of Atomic Energy, which has outsourced the task to the Homi Bhabha Centre for Science and Education. The decision is, therefore, one taken at the executive and governmental level. Administrative and executive decisions dealing with academic matters ought not, ordinarily, to constitute subjects of judicial interference unless they are so arbitrary that no court can in its right mind tolerate the decision… I do not feel that the decision not to allow OCIs to participate in the International Maths Olympiad can be said to so arbitrary as to justify judicial interference,” Justice Shankar said while dismissing the plea.

The HC further said that students who attempt an international Olympiad represent the country and “represent its intellectual wealth”.

“Success in the Olympiad augments the country’s intellectual reputation and represents the country’s intellectual strength in the global firmament. There is, therefore, an integral inter-connect between the requirement of the student being a citizen of this country, and the right to participate in the Olympiad,” the Court underscored.

In its order, the HC further explained that an OCI is not an Indian citizen “despite the somewhat confusing nomenclature”.

The HC said there is no difference between the petitioner and any other foreign citizen concerning this right. The Court added that if she were allowed to undertake the Olympiad, then every foreign citizen, who has been residing in India for a considerable period, would be entitled to the same benefit. The HC, thereafter, said there was a “justifiable reason for not permitting noncitizens to represent India”.

The petitioner had challenged a notice published on the website of the Homi Bhabha Centre for Science and Education (HBCSE), which conducts the preliminary rounds of selection, under the aegis of the Department of Atomic Energy, to decide on the candidates to be sent to represent India in the Olympiads.

The notice said that as per the orders of the Madras High Court (passed in another matter), students with OCI status will not be eligible for selection to the Indian team in the International Mathematical Olympiad (IMO), European Girls’ Mathematical Olympiad (EGMO), and Asian Pacific Mathematical Olympiad (APMO).

The HC also said the petitioner was aware or was expected to be aware of the eligibility criteria when she participated in the Indian Olympiad Qualifier in Mathematics which clearly said that OCI students could undertake all prior stages including the International Mathematical Olympiad Training Camp (IMOTC) and the European Girls’ Mathematical Olympiad Training Camp (EGMOTC) but they would not be eligible to attempt the ultimate final Olympiad.