A bench comprising justices S. Abdul Nazeer and Krishna Murari said: "Issue notice. In the meantime, the Petitioner is permitted to appear in the counselling in the General category, at par with Indian Citizens for the purpose of NEET-PG Counselling and admission for 2021-2022". 

 

The bench further added, "It is made clear that the aforesaid interim relief is limited to the academic year 2021-2022 only."

 

Last month, the top court had passed an interim order allowing OCI candidates to participate in the NEET-UG counselling in the general category for the academic year 2021-2022 and had also issued notice on the plea.

 

The petitioner had challenged clause 4(ii) of the notification dated March 4, 2021, issued by the Ministry of Home Affairs, where a clause treated OCI's at par with NRIs for all India entrance tests such as NEET, JEE (Mains), JEE (Advanced) etc. The bench has tagged the present petition with the undergraduate exam plea.

 

In the present case, the petitioner's counsel had submitted before the top court that clause was ultra vires of Articles 14 and 21 of the Constitution. It was further contended that it failed to accord parity to Indian OCI's with resident Indian citizens in all matters of entry and admission to professional colleges in India (including NEET-PG) from 2021-2022 onwards.