HC permits OCI cardholder to appear for JEE counselling under general category | Education

In an interim order, the Bombay High Court on Tuesday permitted a scholar, who holds an Overseas Citizen of India (OCI) card, to appear for the Joint Entrance Examination (JEE) counselling for in search of admissions to Indian Institutes of Technology (IITs) under the general category 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 year by the Union Ministry of Home Affairs (MHA). As per the MHA notification, OCI cardholders can lay declare to solely Non-Resident Indian (NRI) quota seats in academic establishments based mostly on all-India entrance checks similar to National Eligibility-cum- Entrance Test (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 availability. He argued that whereas the petitioner scholar held an OCI card, she was not an NRI and had accomplished her Classes X and XII from India. Naik mentioned she was subsequently, in search of admission to one of many IITs under the general category for the present educational year. 

The advocate argued that college students such because the petitioner needs to be handled as general category candidates and never as overseas nationwide candidates. If they’re thought-about as general category candidates, they are going to be entitled for consideration of bigger pool of seats and programs – roughly 16,000 – as opposed to 1,600 supernumerary seats created for overseas nationals, he instructed the court docket. 

He cited a current interim order of the Supreme Court whereby, it had permitted an OCI card holder scholar to appear for NEET counselling under the general category. 

The HC famous {that a} bench of the Madras High Court, too, had handed the same order not too long ago. 

Advocate Rui Rodrigues, who appeared for the MHA, the Education Ministry and the Joint Seat Allocation Authority (JoSSA), instructed the HC the mentioned notification had been issued by the Centre whereas exercising its powers under the Citizenship Act to specify the rights of OCI cardholders. 

The HC, nonetheless, mentioned that contemplating the interim orders of the Supreme Court and the Madras HC, comparable interim aid may very well be granted to the petitioner. 

“Having regard to the above (orders), we issue notice. As an interim measure we direct the respondents, particularly respondent number three (JoSSA), to declare the result of the petitioners in the Joint Entrance Examination (Mains) and to permit them to appear for counselling in the general category,” the HC mentioned. The petitioner’s choice or admission to the IIT can be topic to the ultimate order of the court docket. The HC will hear the matter additional on November 23. 

This story has been revealed from a wire company feed with out modifications to the textual content.

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