Supreme Court allows an Overseas Indian Citizen to attend NEET-PG counselling in general category

Providing interim relief, the Supreme Court on October 29 allowed an Overseas Indian Citizen (OCI) NEET PG aspirant, to appear for counselling in the general category -- on par with Indian citizens.

A bench of Justice S Abdul Nazeer and Justice Krishna Murari said, "The Petitioner is permitted to appear for counselling in the general category, on par with Indian Citizens for the purpose of NEET-PG counselling and admission for (academic) year 2021-2022." The bench added, "It is made clear that the aforesaid interim relief is limited to the academic year 2021-2022 only."

Last month, the apex court had passed an interim order allowing OCI candidates to participate in the NEET-UG counselling under the general category for the academic year 2021-2022. The petitioner had challenged clause 4 (ii) of the notification dated March 4, 2021, issued by the Ministry of Home Affairs, which treated OCIs on par with NRIs for all India entrance tests such as NEET, JEE (Mains), JEE (Advanced) etc. 

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The bench has tagged the present petition with the undergraduate exam plea. In the current case, the petitioner's counsel had submitted before the top court that the clause was ultra vires of Articles 14 and 21 of the Constitution. It was further contended that it failed to accord parity to Indian OCIs with resident Indian citizens in all matters of entry and admission to professional colleges in India (including NEET-PG) from the academic year 2021-2022.