Delhi High Court Paves Way for NEET NRI Conversion: Embassy Certificate Requirement Waived
The High Court of Delhi waives the mandatory embassy certificate for NEET NRI Conversion against Notification.
Delhi High Court Paves Way for NEET NRI Conversion: Embassy Certificate Requirement Waived
The High Court of Delhi waives the mandatory embassy certificate for NEET NRI Conversion against Notification. The bench of Hon'ble Justice Purushaindra Kumar Kaurav issued the necessary orders on 23rd August and 28th August 2023 and has scheduled a further hearing for September 11, 2023.
The Petitioner is asking for court-ordered actions to secure a seat under the NRI-sponsored quota for the MBBS Course in the undergraduate program of 2023. The relief is sought by invoking Article 226 of the Indian Constitution and through the issuance of appropriate writs, orders, or directions. These writs should be directed towards instructing Respondent No. 2 & 3 to relax the condition that necessitates an Embassy Certificate confirming Non-Resident Indian (NRI) Status. This relaxation should be based on the consideration of the Petitioner's eligibility through the use of the Overseas Citizenship of India (OCI) card belonging to the sponsor. Alternatively, provide similar orders or directions that align with this purpose.
The Learned Counsel Mr. Jasmeet Singh (AOR) representing the petitioner argues that on August 16, 2023, the petitioner emailed the Consulate General of India in Toronto, specifically addressing the Consul for OCI, Supreme Court matters, and Attestation. The purpose of the email was to request the issuance of a Non-Resident Indian (NRI) certificate from the embassy.
The Petitioner wrote a mail on August 16, 2023, stating that they contacted the Medical Counselling Committee about obtaining an NRI Certificate for sponsoring NRI quota seats in the MBBS program. They were informed that Canadian OCI holders sponsoring relatives have received this special NRI Certificate from CGI Toronto. The certificate, required by MCC, should not be older than 6 months and must be submitted with the sponsor's OCI card, sponsorship affidavit, and candidate's NEET result. The petitioner seeks assistance as their MBBS admission is on hold due to the missing NRI Certificate, despite OCI card holders being instructed to provide it by the embassy. They appreciate any help provided.
The mail received a response stating that OCI card-holders cannot receive NRI certificates. The petitioner's representative argues that since the sponsor is an OCI card-holder, the NRI certificate requirement can be waived. A notice was issued, and both parties acknowledged it. The Delhi High Court said that the petitioner's request will be considered by the respondents, who must respond with an affidavit by the next hearing on August 28, 2023. The order will be provided promptly.
In light of the remarks stated by this court in the order dated August 23, 2023, the respondents have evaluated the petitioner's situation as one involving significant difficulties. Therefore, given the unique circumstances of the present case, they have agreed to the petitioner's plea to change their classification from 'Indian' to the 'NRI Sponsored Quota' category.
The legal representative representing the respondents has conveyed that the petitioner must, however, fulfill the required procedures and provide the essential documentation to be eligible for consideration in the third phase for transferring nationality-based seats to NRI Sponsored Quota seats. The petitioner should take the necessary actions as required.
The case has been scheduled for further hearing on September 11, 2023.
Case Title: Manav Shukla v. Union of India & Ors.
Court: Delhi High Court
Citation: W.P.(C) 11149/2023 and CM APPL. 43344/2023
Counsel on Behalf of Petitioner: Mr. Jasmeet Singh (AOR), Mr. Pushpendra S. Bhadoriya & Mr. Saif Ali
Counsel on Behalf of Respondent: Mr. Gaurav Sharma, Sr. P.C with Ms. Vidhi Gupta
Judge: Hon'ble Justice Purushaindra Kumar Kaurav