Aranav Bhargav vs. Baba Farid University Of Health Sciences Faridkot And Another

Facts

The petitioner, Aranav Bhargav, an Overseas Citizen of India (OCI) cardholder born in the USA, sought admission to the MBBS course under the 'Wards of Gallantry Award recipients among police officials' category in the State Quota seats. He had already been allocated a Non-Resident Indian (NRI) seat. The petitioner challenged the decision of Baba Farid University of Health Sciences (BFUHS) to consider him exclusively for NRI seats and sought to be included in the State Quota seats meant for Indian citizens. The petitioner's previous writ petition claiming admission under the open category was dismissed. The prospectus for admission stipulated that candidates must be citizens of India to be eligible for State Quota seats. The petitioner has never renounced his US citizenship and has not applied for Indian citizenship.

Held

The Court held that an Overseas Citizen of India (OCI) cardholder is not at par with an Indian citizen for the purpose of admission to State Quota seats. The notification dated 04.03.2021, specifically Clause 4(ii), explicitly states that OCI cardholders are eligible only for NRI or supernumerary seats and not for seats exclusively reserved for Indian citizens. The Court noted that the petitioner has not renounced his US citizenship and has not applied for Indian citizenship, thus failing to meet the basic eligibility criterion of being a citizen of India as stipulated in Clause 11(a) of the BFUHS prospectus for State Quota seats. The Court also observed that interim orders from the Supreme Court relied upon by the petitioner pertained to participation in entrance tests and not to admissions under the State quota. The reasoning was further supported by Division Bench judgments of the Karnataka and Gujarat High Courts, which held that OCI cardholders are not equivalent to Indian citizens in this context. Therefore, the petitioner cannot claim entitlement to consideration under any sub-category of State Quota seats, including the 'Wards of Gallantry Award recipients' category, as he does not meet the fundamental eligibility conditions.

Key Issues

1. Whether an Overseas Citizen of India (OCI) cardholder, who has not renounced their foreign citizenship and has not applied for Indian citizenship, is eligible for admission against State Quota seats reserved for Indian citizens, particularly under the category of 'Wards of Gallantry Award recipients among police officials' (Section 4(ii) of the Citizenship Act, 1955, and Clause 11(a) of the BFUHS prospectus)? Petitioner's arguments: The petitioner contended that OCI cardholders, prior to the notification dated 04.03.2021, were entitled to admission against seats for Indian citizens, relying on the Supreme Court's judgment in Anushka Rengunthwar's case. He argued that OCI cardholders should be treated at par with Indian citizens in educational fields and that vacant seats should be allocated to him. He also sought to be considered under the 'Wards of Gallantry Award recipients' category. Respondents' arguments: The respondents argued that Clause 4(ii) of the notification dated 04.03.2021 clearly states that OCI cardholders are eligible for admission only against NRI or supernumerary seats and are not eligible for seats reserved exclusively for Indian citizens. They relied on judgments from the Karnataka and Gujarat High Courts which held that OCI cardholders are not at par with Indian citizens. They also pointed out that the petitioner does not fulfill the basic criterion of being a citizen of India as required by the prospectus for State Quota seats.