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

The Punjab and Haryana High Court examined whether the 2021 Centre notification, which limits OCI admissions to the NRI quota, can be applied retrospectively.

punjab and haryana hcA division bench of Justice Ashwani Kumar Sharma and Justice Rohit Gupta passed the interim direction during the hearing of a petition argued by Senior Advocate Amit Jhanji. (File Photo)

The Punjab and Haryana High Court Thursday allowed the provisional consideration of an Overseas Citizen of India (OCI) cardholder in the general category for a postgraduate medical seat in Punjab, while examining whether the state can restrict such candidates solely to the Non-Resident Indian (NRI) quota, based on a 2021 Union government notification.

A division bench of Justice Ashwani Kumar Sharma and Justice Rohit Gupta passed the interim direction during the hearing of a petition argued by Senior Advocate Amit Jhanji. The petitioner, who holds OCI status and has an all-India NEET PG rank of 793, sought admission to a state quota PG medical seat in Punjab. She contended that despite her high merit, the counselling authorities had confined her eligibility to the NRI quota, which carries significantly higher fee obligations.

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.

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

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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