Delhi High Court clarifies MBBS admission criteria for OCI cardholders in wake of policy confusion

By affirming the integrity of pre-existing rights for OCI cardholders, the Delhi High Court reinforces that administrative clarity is essential in safeguarding equitable access to premier education

PRAVASISAMWAD.COM

The Delhi High Court has recently clarified that Overseas Citizens of India (OCI) who obtained their OCI status before the Ministry of Home Affairs (MHA) policy change on March 4, 2021, remain eligible for MBBS admissions under either the Indian National or Foreign National categories, medicaldialogues.in reported.

This decision responds to ongoing legal debates regarding the admission rights of OCI cardholders, sparked by the MHA’s 2021 notification, which confined OCI applicants to NRI quota seats for national entrance-based admissions, including NEET.

The Supreme Court previously ruled that the 2021 policy applies only prospectively. In a pivotal decision, Justices A.S. Bopanna and C.T. Ravikumar upheld that OCI cardholders, who acquired their status before March 4, 2021, should retain admission rights equivalent to Indian nationals, preserving their prior entitlements.

• AIIMS’ role as an Institute of National Importance requires clear, precise communication in admission guidelines, the Court observed

• The bench noted the frequent occurrence of such ambiguities in admission protocols, which could cause undue distress among applicants

• Although the Court dismissed the current plea, it urged AIIMS to prioritize transparency and diligence in its admissions framework, to avoid prolonged litigation and mental strain on students

This High Court decision stems from a plea by an MBBS aspirant who argued that AIIMS had incorrectly classified OCI cardholders with pre-2021 status under the Foreign National category, thus reducing her chances for fair consideration. In the AIIMS brochure for MBBS admissions, 125 seats are designated for Indian Nationals, while only seven are available for Foreign Nationals. The petitioner argued that improperly admitting OCI cardholders under the Foreign National category undermined her legitimate claim to one of these seats.

The High Court highlighted a consistent principle upheld by the Supreme Court in related cases: legitimate expectations of individuals, particularly regarding policy amendments, must be respected. The Supreme Court’s decisions in Anushka Rengunthwar v. Union of India and Pallavi v. Union of India emphasize that OCI cardholders with pre-2021 status should have the option to retain their Indian National admission privileges.

Further, the Court noted that the AIIMS notification on August 21, 2024, clarified the applicability of the foreign quota for OCI cardholders but was consistent with the existing brochure provisions. The High Court recognized that while the notification aimed to clarify admission procedures, ambiguities in AIIMS’ policies created unnecessary challenges for applicants.

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