Mumbai: In a temporary order, the Bombay High Court on Tuesday allowed students, who held an Indonesian citizen card (OCI) abroad, to appear for joint entry test counseling (JEE) to seek acceptance to the Institute of Technology India (IITS)) at under the general category and not provided for NRI or foreign nationals.
Judge Ujjal Bhuyan and Madhav Jamdar passed the temporary order while hearing the request submitted by female students who challenged part of the notice issued on March 4 this year by the Ministry of Home Affairs (MHA).
According to MHA notification, the OCI card holder can claim only for only non-resident quota seats (NRI) in educational institutions based on the All-India entrance test such as the National Feasibility Test (NEET) and JEE, among others.
Jee and Neet each is a technical exam and medical entry.
However, senior advisors rose, which appeared for the applicant, however, questioned the legal validity of the provisions.
He argued that while the applicant’s students held the OCI card, he was not NRI and had completed class X and XII from India.
Therefore, rising says that he is looking for entrance tickets to one of the IITs under the general category for the current academic year.
Advocates argue that students like applicants must be treated as a general category candidate and not as foreign national candidates.
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If they are considered a general category candidate, they will be entitled to consideration of a larger collection of seats and courses – around 16,000 – compared to 1,600 supernumerary seats made for foreign nationals, he told the court.
He quoted a recent interim sequence from the Supreme Court where, it has allowed OCI card holders students to appear for NEET counseling under the general category.
HC noted that Madras’s high court bench has also passed a similar command recently.
Advocacy Rui Rodrigues, who appeared for MHA, the Ministry of Education and the Joint Seat Allocation Authority (Jossa), told HC the notice was issued by the center while carrying out its power under the law of citizenship to determine the rights of OCI card holders.
HC, however, said that considering orders while the Supreme Court and Madras HC, a similar temporary relief could be given to the applicant.
“Having the above (order), we issue a notification.
As a step while we direct respondents, especially respondents number three (Jossa), to state the results of the applicant in the main entrance examination (parent) and to allow them to appear for counseling in the general category , “HC said.
The choice or receipt of the Petitioner to IIT will submit to the last order of the court.
HC will hear this problem further on November 23.
HC allows OCI card holders to appear for jee counseling under the general category
