JEE Counselling 2021: Madras High Court allows OCI candidates to appear in general category

The Madras High Court recently passed an interim order permitting Overseas Citizens of India (OCI) candidates before the Court to appear for the Joint Entrance Examination (JEE) counseling in the general category for the year 2021-22. (Sadhvi Sreeram and Others v. Government of India and Others).Justice V Parthiban observed in his interim order that the "petitioners are to be treated on par with the Indian Citizens, in respect of the present Academic Year (in) consideration.".The Court was adjudicating on a batch of writ petitions moved by OCI candidates seeking directions to allow OCI candidates to participate in JEE counseling 2021 in the general category meant for Indian citizens..The petitioners contended that a notification dated March 4, 2021 issued by the Union Ministry of Home Affairs failed to accord parity to Indian OCIs with resident Indian citizens in matters relating to entry and admission to professional colleges in India from 2021-2022..While passing the interim order, the High Court referred to a related order recently passed by the Supreme Court. .On September 30, a Division Bench of the Supreme Court comprising Justices Abdul Nazeer and Krishna Murari had allowed OCI candidates to participate in NEET-UG counselling in the general category for the year 2021-22..The Supreme Court had opined that, at least for the present academic year i.e. 2021-2022, the authorities have to consider the allotment of MBBS seats to the petitioning OCI candidates as was available to them before the issuance of the March 4 notification, subject to their eligibility. ."Therefore, we direct the respondent-National Testing Agency to declare the result of the examination i.e, NEET UG 2021 taken by the petitioners and the eligibile petitioners are permitted to appear for the counselling in the General category", the Supreme Court had said..The top Court had added that the said interim relief is confined to the academic year 2021-22 only..In this backdrop, the Madras High Court has directed the Central Seat Allocation Board to treat the OCI candidates before the High Court on par with resident Indian citizens.."The interim direction as sought for in these writ petitions for directing the 3rd respondent to permit the petitioners to participate in the JEE Counselling 2021 in the general category meant for Indian Citizens through the 5th respondent authority in line with the order dated 30.09.2021 of the Hon'ble Supreme Court in W.P.(Civil) No. 1397/2020, pending disposal of these writ petitions, these petitioners are also to be treated on par with the Indian Citizens, in respect of the present Academic Year consideration," the order passed by the High Court reads..Advocates Sharath Chandran, TM Mano, Harikrishnan R, and Praveen Purohit appeared for the petitioners..The matter is posted next on November 22, 2021.[Read Order]