Can OCI apply for Govt Quota seats in MBBS- SC asks govt, MCI for reply

New Delhi: In an effort to understand who enjoys a better status between the Overseas Citizens of India and Non-Resident Indians in terms of MBBS admissions under government quota seats in Karnataka and other states, the Supreme Court has asked the union government to render a reply.

A bench of Justices U U Lalit and Arun Mishra have also directed the Medical Council of India(MCI), to elaborate on the rules governing OCIs for pursuing MBBS course.

"The issue would have serious repercussion. Should we leave it to individual states? You are the regulating authority. You take instructions," the bench told Advocate, Gaurav Sharma, appearing for the MCI.

The Union government's Additional Solicitor General, Sandeep Sethi and the MCI's counsel have been directed to file their respective affidavits by Monday. The court has also directed the Union government to produce the original files related to the status of the OCIs Subsidised education

Senior advocates Shyam Divan and K V Vishwanathan, while arguing for the OCI aspirants said they were children of professionals, who had settled abroad. However, the candidates were enjoying an Indian status on the basis of permanent visas. They further clarified that it was their choice whether after attaining the age of 18 years they would want to retain their Indian citizenship or acquire the citizenship of other countries.

Meanwhile, the Lawyer representing the Karnataka Government Advocate Basava Prabhu Patil contended that OCIs could not seek government quota admission seats and get a subsidized education.

Responding to the court's query regarding the definition of OCI and NRI the counsel said only the Income Tax Act described NRIs.

The batch of petitions filed by OCI candidates, challenging the denial of admission under government quota seats by Karnataka, has been put up for consideration by the court on Tuesday.

In an earlier report done by Medical Dialogues team, it was reported that the state government has been directed by the Karnataka High Court to consider Overseas Citizens of India for admissions to MBBS and BDS courses, reported Deccan Herald.

A High Court division bench headed by Justice HG Ramesh while disposing off petitions filed before it had declared that Overseas Citizens of India (OCI) card holders were to be treated at par with Non-Resident Indians (NRI) for admission to various medical courses, based on their eligibility except in the case of the government quota.