Punjab and Haryana HC allows provisional consideration of OCI candidate in general category for medical PG seat

Jhanji relied on the Supreme Court judgment in Anushka v Union of India (2023) and the ruling in Pallavi v Union of India (2023) to argue that the March 4, 2021, notification issued by the Ministry of Home Affairs, which curtailed educational rights of OCI cardholders, cannot be applied retrospectively. Before the notification, OCI candidates were treated at par with Indian citizens for medical admissions, including eligibility for general category seats.

“The Supreme Court has already held that the 2021 notification cannot operate to reduce rights that existed earlier. Therefore, the petitioner is entitled to be considered in the general category and not restricted to the NRI quota,” Jhanji submitted, pointing to clauses in the NEET bulletin and earlier admission rounds where OCIs had parity with Indian nationals.

Punjab, however, submitted that the current prospectus and counselling schedule issued for 2024-25 adhered to the post-2021 position and that the university, which issued the prospectus, was the competent authority to clarify implementation. The bench asked the state to seek instructions from the university concerned.

The court noted that the issue before it was whether the 2021 notification could displace the earlier rights of OCI cardholders in the state quota, particularly in cases where candidates were eligible and had been admitted earlier under the general category.

Considering the Supreme Court’s findings and the petitioner’s high merit, the bench directed that she be provisionally considered in the general category for the ongoing admission process. The interim protection will remain subject to the outcome of the petition.

The matter has been listed for further hearing on December 1.