Delhi High Court rejects plea to allow OCI card holder to represent India in Math Olympiad

The Delhi High Court recently upheld the decision to not allow foreigners with Overseas Citizen of India (OCI) status to represent India in the International Maths Olympiad (IMO) [Kenisha Agrawal Minor Represented by Father and Natural Guardian Mr Nitin Agrawal v Union of India & Ors]..Justice C Hari Shankar opined that there was a justifiable reason to not permit the non-citizens to represent the country in the OlympiadsThe decision cannot be treated as either arbitrary or taken without application of mind, the Court added.“Students who attempt an international Olympiad represent the country. They represent its intellectual wealth. Success in the Olympiad augments the country’s intellectual reputation and represents the country’s intellectual strength in the global firmament. There is, therefore, an integral inter-connect between the requirement of the student being a citizen of this country, and the right to participate in the Olympiad,” it observed..The Court made the observation while rejecting a US-citizen Kenisha Agrawal's plea for allowing her to participate in IMO on the basis of her possessing the OCI. Agrawal was aggrieved of a notice issued by the Homi Bhabha Centre for Science and Education (HBCSE), which conducts the preliminary rounds of selection to decide on candidates who will represent India in International Math Olympiads.The notice issued on the basis of orders of Madras High Court said that the students with OCI status will not be eligible for selection to the Indian team in the IMO, Asia Pacific Math Olympiad (APMO) and the European Girls Mathematical Olympiad (EGMO). .While Agarwal (petitioner) did not challenge the decision of the Madras High Court, she questioned the correctness of the manner in which the judgment has been interpreted and applied to her case. The Court at the outset said that the petitioner was aware of the eligibility criteria when she participated in the Indian Olympiad Qualifier in Mathematics.It was clearly stated that while OCI students could undertake all prior stages including the International Mathematical Olympiad Training Camp (IMOTC) and the European Girls’ Mathematical Olympiad Training Camp (EGMOTC), they would not be eligible to attempt the ultimate final Olympiad, noted the Court. .The Court further opined that there was no difference between the petitioner and any other foreign citizen.If she is allowed to undertake the Maths Olympiad, every foreign citizen who is residing in India for a considerable period of time, would be entitled to the same benefit, it added.“There is, moreover, a fundamental and intelligible differentia between the petitioner and other persons who reside in India and are entitled to undertake the Math Olympiad. The petitioner is not an Indian citizen. This by itself constitutes an intelligible differentia between the petitioner and citizens of this country who are entitled to undertake the Math Olympiad,” it held.The Court further stressed that the decision to exclude the OCI holders was a policy matter decided at the executive and governmental level"Administrative and executive decisions dealing with academic matters ought not, ordinarily, to constitute subjects of judicial interference unless they are so arbitrary that no court can in its right mind tolerate the decision," Justice Shankar said, while dismissing the plea. .Advocate Anindita Mitra appeared for petitioner Kenish Agrawal.Union of India was represented through advocates Satya Ranjan Swain, Vedansh Anand and Kautilya Birat. .[Read Judgment]