Report Wire - Bombay HC permits OCI cardholder to look for JEE counselling underneath basic class

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Bombay HC permits OCI cardholder to look for JEE counselling underneath basic class

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JEE advanced counselling, JEE counselling

In an interim order, the Bombay High Court on Tuesday permitted a scholar, who holds an Overseas Citizen of India (OCI) card, to look for the Joint Entrance Examination (JEE) counselling for looking for admissions to Indian Institutes of Technology (IITs) underneath the final class and never the one reserved for NRIs or overseas nationals.
A bench of Justices Ujjal Bhuyan and Madhav Jamdar handed the interim order whereas listening to a plea filed by the feminine scholar difficult part of the notification issued on March 4 this yr by the Union Ministry of Home Affairs (MHA).

 As per the MHA notification, OCI cardholders can lay declare to solely Non-Resident Indian (NRI) quota seats in academic establishments based mostly on all-India entrance assessments similar to National Eligibility-cum-Entrance Test (NEET) and JEE, amongst others.
JEE and NEET are engineering and medical entrance exams, respectively.
Senior counsel Vineet Naik, who appeared for the petitioner, nevertheless, questioned the authorized validity of the supply.
He argued that whereas the petitioner scholar held an OCI card, she was not an NRI and had accomplished her Classes X and XII from India.
Naik stated she was, subsequently, looking for admission to one of many IITs underneath the final class for the present tutorial yr.
The advocate argued that college students such because the petitioner ought to be handled as basic class candidates and never as overseas nationwide candidates.
 If they’re thought of as basic class candidates, they are going to be entitled for consideration of bigger pool of seats and programs – roughly 16,000 – versus 1,600 supernumerary seats created for overseas nationals, he advised the court docket.
He cited a current interim order of the Supreme Court whereby, it had permitted an OCI card holder scholar to look for NEET counselling underneath the final class.
The HC famous {that a} bench of the Madras High Court, too, had handed the same order just lately.

Advocate Rui Rodrigues, who appeared for the MHA, the Education Ministry and the Joint Seat Allocation Authority (JoSSA), advised the HC the stated notification had been issued by the Centre whereas exercising its powers underneath the Citizenship Act to specify the rights of OCI cardholders.
The HC, nevertheless, stated that contemplating the interim orders of the Supreme Court and the Madras HC, comparable interim aid could possibly be granted to the petitioner.
“Having regard to the above (orders), we issue notice. As an interim measure we direct the respondents, particularly respondent number three (JoSSA), to declare the result of the petitioners in the Joint Entrance Examination (Mains) and to permit them to appear for counselling in the general category,” the HC stated.
The petitioner’s choice or admission to the IIT can be topic to the ultimate order of the court docket. The HC will hear the matter additional on November 23.