LexPALLAVI versus UNION OF INDIA & ORS.
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[2023] 11 S.C.R. 943 : 2023 INSC 782 CASE DETAILS PALLAVI v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 642 of 2023) SEPTEMBER 01, 2023 [S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.] HEADNOTES Issue for consideration: The petitioner-foreign national, challenges the rejection of candidature to a Post graduate medical seat when she was allowed to appear in the NEET mains as Overseas Citizen of India Card cardholder, wherein she participated in the mock rounds and was allotted PG in Paediatrics in AIIMS, however, just before the fi rst round of counselling she was informed that she would be treated as an Indian national and not as a foreign national. Education/Educational institutions – Medical education – Admission to post graduate courses – Foreign national holding an Overseas Citizen of India Card-OCI Card appeared in the written exam participated in the mock rounds and was off ered PG in Paediatrics in AIIMS – However, just before the fi rst round of counselling, rejection of her candidature to a PG medical seat by changing her status from foreign national to Indian national on basis of the Notifi cation, withdrawing the privileges conferred upon OCI Card holders regarding their parity with Indian nationals for appearing in NEET exams – Legality: Held: Petitioner’s eligibility to claim the benefi t of OCI card holder cannot be denied – Rejection of her candidature not supported in law – Notifi cation dated 04.03.2021 operated arbitrarily because it indicated non-application of mind in not saving accrued rights; and the application of proviso to Clause 4 (ii) of the notifi cation was held to have no nexus with the objects sought to be achieved – When the right conferred was withdrawn and altered, in the process leading to such change, it should demonstrate application of mind, nexus to the object of such withdrawal or modifi cation 943 944 SUPREME COURT REPORTS [2023] 11 S.C.R. and any such decision had to be free of arbitrariness – Notifi cation saved from the vice of non-application of mind and was in fact retroactive – It was in these circumstances it was held that only those persons who obtained OCI Cards after 04.03.2021 were rendered ineligible in terms of the notifi cation – Thus, the issuance of direction to consider the petitioner in remaining counselling rounds by AIIMS and all participating institutions for PG Medical seats – Citizenship Act, 1955 – s. 7A to D. [Paras 14-17] LIST OF CITATIONS AND OTHER REFERENCES Anushka Rengunthwar & Ors. v. Union of India & Ors. 2023 SCC Online SC 102 – relied on. OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 642 of 2023. (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) Appearances: Vinay Navare, Sr. Adv., Shivendra Singh, Bikram Dwivedi, Raghav Gupta, Puneett Singhal, Vikhyat Oberoi, Dr. Mukul Nath Verma, Gharote Anurag A, Advs. for the Petitioner. Atul Kumar, Ms. Sweety Singh, Ms. Archana Kumari, Rahul Pandey, Gaurav Sharma, Dhawal Mohan, Prateek Bhatia, Paranjay Tripathi, Ms. Ruchi Kohli, Ameya Vikrama Thanvi, Bhuvan Kapoor, Aman Sharma, Ms. Shagun Thakur, Praveen Gautam, G. S. Makkar, Advs. for the Respondents. JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT S. RAVINDRA BHAT, J. 1. The petitioner has approached this Courtseeking relief under Article 32 of the Constitution aggrieved by the rejection of candidature 945 to a Post Graduate medical seat; the respondent rejected her application after she was allowed to appear in the written examination and the results were declared for the NEET (PG) and the INI-CET/2023 (hereafter called “NEET” collectively). 2. The All India Institute of Medical Sciences(AIIMS), the Nodal Agency for the NEET test/examination, called for applications from eligible candidates by publishing a prospectus for NEET process on 07.03.2023. The petitioner applied and was issued the examination admit card on01.05.2023. She participated and appeared in the NEET examination on 07.05.2023. The petitioner holds an Overseas Citizen of India card (hereafter called the “OCI card holder”). She is a U.S. National and was born on 22.02.1999. 3. The prospectus published by the respondents stipulated the eligibility conditions which indicated that the candidate should possess a Medical or Dental Degree and must have completed the required period of 12 months training and should possess a certifi cate of grading system from the concerned universiti
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