In Brief
Pallavi, an OCI (Overseas Citizen of India) cardholder, challenged her rejection from a postgraduate medical seat after the respondents reversed her status mid-selection process. Initially allowed to appear in NEET as a foreign national and even allotted a pediatrics seat in the mock round, she was suddenly reclassified as an Indian national just before final counseling. The Court held that the 2021 government notification denying OCI cardholders admission eligibility, while prospective on its face, operated retroactively and arbitrarily by destroying accrued rights of those who obtained OCI cards before that date. Since the petitioner obtained her OCI card in 2015, she remained eligible. The Court found the status change mid-process lacked application of mind and nexus to legitimate state objectives, rendering it arbitrary. The writ petition was allowed and she was directed to participate in remaining counseling rounds.
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