The candidates had approached the Supreme Court of India against this Gazette Notification during the counselling of last year i.e 2021 in W.P © No. 1397/2020 Dr. Radhika Thapar & Ors. Vs. Union of India & Ors.
Person of Indian Origin (PIO), and foreign nationals will only be eligible for NRI seats and not for Indian (All India Quota/ Central/ Deemed Paid/ Indian) seats. According to the Gazette Notification of Indian Ministry of Home Affairs Gazette Notification No. S.O.1050 (E) dated 04/03/2021: “(4) parity with Non-Resident Indians in the matter of- (ii) appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance Examination (Mains), Joint Entrance Examination (Advanced) or such other tests to make them eligible for admission only against any Non-Resident Indian seat or any supernumerary seat: Provided that the OCI cardholder shall not be eligible for admission against any seat reserved exclusively for Indian citizens.”
The NRI/ NRI Sponsored candidates should note that they would be eligible for Indian (All India Quota/ Central/ Deemed Paid/ Indian) seats as well as for NRI seats
The candidates had approached the Supreme Court of India against this Gazette Notification during the counselling of last year i.e 2021 in W.P © No. 1397/2020 Dr. Radhika Thapar & Ors. Vs. Union of India & Ors.
Providing relief to the applicants and similarly placed eligible candidates the Hon’ble Court vide order dated 08.11.2021 permitted that such candidates should be treated as ‘General’ on par with Indian citizens to pursue Under Graduate/ Post Graduate courses. However, the interim relief was limited to the year 2021-22 only.
The relevant excerpt of order states: “It is made clear that the aforesaid interim relief is limited to the academic year 2021-2022 only.”
Hence, OCI/PIO/Foreign Nationals will only be eligible for NRI seats and not for Indian (All India Quota/ Central/ Deemed Paid/ Indian) seats for the current academic year.
In this regard, it is advised that Deemed Universities/ Institutes where NRI seats are available should verify only citizenship card for OCI/ PIO/ Foreign Nationals.
The NRI/ NRI Sponsored candidates should note that they would be eligible for Indian (All India Quota/ Central/ Deemed Paid/ Indian) seats as well as for NRI seats.
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