High Court of Punjab and HaryanaCWP/23075/2024dismissed

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

2024-09-25The Chief Justice,Mr. Justice Anil Kshetarpal15 pages

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ANIL KSHETARPAL, J.

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"Issue a Writ in the nature of Certiorari, quashing the decision/action of the respondents in not considering the petitioner against seats meant for Indian citizens in State Quota seats in MBBS admissions 2024, including seats meant for wards of Punjab Gallantry Award Winners by treating the petitioner exclusively against NRI quota seats; and quashing clause 17(vi) of the Punjab notification dated 9/8/24 contained in the BFU prospectus;

(iii) Issue a Writ in the nature of Mandamus directing the Respondents to consider the petitioner and include him in the admission process for M.B.B.S. Sessions 2024 a OCI card holder (period to 2021) in terms of the Judgment of the Hon'ble Supreme Court against seat for State Quota seats meant for India Citizens, including those reserved for wards of Punjab Gallantry Award medallists; and also in the NRI Category."

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SCHEDULE FOR ADMISSION UNDER NEET UG@2024 IMPORTANT DATES Availability of Prospectus on University website www.bfuhs.ac.in 09.08.2024 Last date for applying online Admission Application Form through University Website 15.08.2024 Last date for depositing fee of Rs. 5000 + 18% GST(Rs. 5900/@) & Rs. 2500 + 18% GST (Rs.

2950/@) for SC candidates through Online payment gateway 16.08.2024 Sports Category Candidates will submit printed/hard copy of online submitted form personally (by hand) in the University along with Sports Gradation Certificate issued by the Director, Sports, Punjab and other supporting self@attested copies of certificates/documents. 16.08.2024 Note: Persons with Disability(PWD (Category Code 16)(Shall produce Disability certificate (as per prospectus Page No. 35) duly issued by the Designated Centre(s) as informed by DGHS, New Delhi to the Principal at the time of reporting in the provisionally allotted college 5(i) Verification for eligibility of Christian Minority Quota Candidates for admission to MBBS/BDS Courses, session 2024 will be conducted at the following venue:

Christian Minority(At Christian Medical College, Ludhiana 09.08.2024 to 17.08.2024 5(ii) Verification for eligibility of Sikh Minority Quota Candidates for admission to MBBS/BDS Courses, session 2024 will be conducted at the following venue:

16.08.2024 to 18.08.2024 Sikh Minority( At SGRD Institute of Medical Sciences & Research, Amritsar

Note: Candidates who have applied under Sikh/Christian Minority Quota must report to the respective Institute(s) as cited in para 5(i) & 5(ii) above alongwith all original certificates/documents including document in support of claim under Minority Quota as per rules/notification otherwise you will not be able to fill the Choices/preferences of concerned minority quota seats For NRI candidates Last date for submitting physical application form for NRI quota (Application form for Eligibility certificate and admission application form for NRI candidates is separately available on University website i.e. www.bfuhs.ac.in 19.08.2024 Display of Provisional Merit List of candidates Upto 20.08.2024 Last date for submission of objections in Provisional Merit List(if any) by the NEET UG aspirants. Note: Objections can be submitted only by personal appearance/visit alongwith relevant documents/record in Admission Branch, BFUHS, Faridkot.

21.08.2024 (upto 05:00 PM) In case there is any change in Provisional Merit List after considering objections, the same will be displayed through university website on Upto 23.08.2024 The Schedule for 1st Round of Online Counseling Sno Particulars 1.

Choice filling for 1st Round of Online Counselling 10.08.2024 to 24.08.2024 2.

Processing of Seat Allotment 25.08.2024 to 27.08.2024 3.

Display of Result 28.08.2024 Last date for submission of objections in Provisional Allotment List(if any) by the NEET UG aspirants. Note: Objections can be submitted only by personal appearance/visit alongwith relevant documents/record in Admission Branch, BFUHS, Faridkot. Objections received through email will not be accepted.

29.08.2024 (upto 04:00 PM) 4.

In case there is any change in provisional allotment after considering objections, the same will be displayed through University website on 30.08.2024 6.

Physical Reporting by candidates to the respective provisionally allotted colleges and deposition of six months tuition fee through University Payment Gateway available on the University website in Student Login 31.08.2024 to 05.09.2024 ! ;

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Admission Notice to MBBS/BDS Courses under NEET UG(2024 (2nd Round) Fresh online Registration/Application are invited through University website from eligible candidates on the basis of NEET@UG@2024 for vacant seats as per Punjab Govt. Notification/Prospectus for admission to MBBS/BDS Courses in Govt./Private Colleges, Private Universities and Minority Institutions in the State of Punjab w.e.f 07.09.2024 to 10.09.2024. Last date for submitting willingness by fresh registered and already registered candidates alongwith Security deposit to participate in 2nd Round is 10.09.2024. Online Counseling will be conducted as per schedule published on the University website. Any update issued by MCC/Govt. of India/Govt. of Punjab regarding UG admissions session 2024 shall be applicable. For Prospectus/Schedule/Fee/Details and updates visit at www.bfuhs.ac.in REGISTRAR ! @

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"17. Non(Resident Indian (NRI) SEATS xx xx xx xx (i) xx xx xx xx (ii) xx xx xx xx (iii) xx xx xx xx (iv) xx xx xx xx (v) xx xx xx xx (vi) OCI/PIO candidates shall be considered only for 15% NRI Quota seats."

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"4. Citizenship by descent.―(1) A person born outside India shall be a citizen of India by descent,― (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth:

Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless― (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a Government in India:

Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless― (a) his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) either of his parents is, at the time of his birth, in service under a Government in India:

Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,― (i) within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said period:

Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that

A the minor does not hold the passport of another country. (1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.]

(2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration.

(3) For the purposes of the proviso to sub@section (1), 1 [any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.

OVERSEAS CITIZENSHIP [7A. Registration of Overseas Citizen of India Cardholder.

Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India:

Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by

$ notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub@section.

(2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders. Explanation.―For the purposes of this sub@ section, "Persons of Indian Origin Cardholders" means the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard.

(3) Notwithstanding anything contained in sub@ section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder.

7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder shall be entitled to such rights, other than the rights specified under sub@ section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf.

(2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred on a citizen of India― (a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President;

(d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of the High Court;

(f) under section 16 of the Representation of the People Act, 1950 (43 of 1950) in regard to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the House of the People or of the Council of States, as the case may be; (h) under sections 5, 5A and section 6 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the Legislative Assembly or the Legislative Council, as the case may be, of a State;

(i) for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central Government may, by special order in that behalf,

specify.

(3) Every notification issued under sub@section (1) shall be laid before each House of Parliament."

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Legal implications of Quashing Clause 17( vi ) in the prospectus:

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OCI Cardholders and their Admission Rights:

. Anushka Rengunthwar's case (supra) ?

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% % # S.O. 542(E). In exercise of the powers conferred by Sub@ section (1) of Section 7B of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby specifies the following rights to which the persons registered as Overseas Citizens of India under Section 7A of the said Act shall be entitled, namely: @ a. grant of multiple entry lifelong visa for visiting India for any purpose;

b. exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India; and c. parity with Non@Resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.

05.01.2007:(

1. Registered Overseas Citizens of India shall be treated at par with Non@Resident Indians in the matter of inter@ country adoption of Indian children.

2. Registered Overseas Citizens of India shall be treated at par with resident Indian Nationals in the matter of tariffs in air fares in domestic sectors in India.

3. Registered Overseas Citizens of India shall be charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India. 05.01.2009:( (b) to appear for the All India Pre@Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts.

04.03.2021:(

(4) Parity with Non@Resident Indians in the matter of,@ (i) inter@country adoption of Indian children subject to the compliance of the procedure as laid down by the competent authority for such adoption;

(ii) appearing for the all India entrance tests such as National Eligibility com Entrance Test, Joint Entrance Examination (Mains), Joint Entrance Examination (Advance) or such other tests to make them eligible for admission only against any Non@ Resident Indian seat or any supernumerary seat; Provided that the OCI cardholder shall not be eligible for admission against any seat reserved exclusively for Indian citizens;

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-( ? Vatsa Shah Through Father Bhavesh Ajit Kumar Shah Vs. State of Gujarat, LPA(1459(2019, decided on 16.10.2023

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Ay Whether speaking/reasoned : Yes/No Whether reportable : Yes/No