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The Delhi High Court today allowed an Overseas Citizen of India (OCI) doctor to take the National Eligibility-cum-Entrance Test-SS Examination, 2021 in a plea challenging a Central Government Notification barring OCIs to register for the said exam.

The division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed by Dr. Snigdha Kamini who has pursued MBBS and MS degrees from India and was barred by the Central Government notification of March 4 for applying for a Super Speciality Course (M Ch Course in Surgical Oncology) in India.

Aggrieved by Para (4)(ii) of the notification which states that OCI cardholder aspirants appearing for all India entrance tests or such other tests are eligible for admission ‘only against any Non-Resident Indian seat or any supernumerary seat’ and ‘shall not be eligible for admission against any seat reserved exclusively for Indian citizens’, Kamini moved the Delhi High Court.

In August, the National Board of Examination had published the Information Bulletin in respect of NEET-SS 2021, which stated that foreign nationals are not eligible for it as there is no reservation of seats in Super Specialty courses.

The court today directed the Central Government to allow the petitioner to register herself for the NEET-SS 2021 and to appear in the said exam, however, it clarified that her admission in the said course will be subject to the outcome of the writ petition.

The petitioner argued that she came to India in June, 2004 and has been residing in the country ever since.

She completed both her Bachelor of Medicine and Bachelor of Surgery (MBBS) as well as Master of Surgery (MS) from India, and was at the forefront during the fight against the Covid-19 pandemic.

She further argued that, "The deep and pervasive link of the petitioner with the medical profession in India cannot be abruptly snapped after she has been permitted to read for MBBS (course with duration of five and a half years) and MS (course with duration of three years) by the Respondents, who knew fully well that she was an OCI cardholder”.

Case Title: Dr Snigdha Kamini vs Union of India & Anr