Student, US citizen by birth, gets Madras HC succour
By birth, he became US citizen. His parents later migrated to India during November 2006 and settled at Chennai.
Chennai: Coming to the rescue of a student, a US citizen by birth, whose application for admission in Bachelor of Veterinary Sciences and Animal Husbandry (B.V.Sc & AH) course for the academic year 2019-2010 under the NRI category was rejected, the Madras high court has directed the Tamil Nadu Veterinary and Animal Sciences University to issue hall ticket to him and permit him to write the examination, scheduled to be held on August 30.
Allowing a petition from 18-year-old student Karnan Jayabalan, Justice G.Jayachandran said the Tamil Nadu Veterinary and Animal Sciences University shall get an undertaking from the petitioner that if he is selected he will pay the required fees in US dollar and not the Indian currency equivalent to it.
Petitioner’s counsel Hema Muralikrishnan submitted that while the petitioner’s parents were employed in USA, the petitioner was born at New Jersy on July 25, 2001. By birth, he became US citizen. His parents later migrated to India during November 2006 and settled at Chennai. The petitioner pursued his studies in Chennai and completed his 12thstandard in March 2019. He applied for admission in Tanuvas which permits Overseas Citizen of India (OCI) to apply under NRI quota, on production of necessary proof. However, the petitioner’s application was not considered and rejected by the university on the ground that he has not produced the proof of employment of NRI (specimen) and NRI bank account, he added.
The judge said perusing the prospectus of the Tanuvas, this court finds that while listing out eligible criteria for an applicant under the NRI quota, the prospectus says that the OCI cardholder/Person of Indian Origin (PIO) have been granted parity with NRI in the field of education. To avail the opportunity necessary proof should be submitted along with the application. At the same time, it was also specifically stated that OCI will not be considered under foreign national category for the educational purposes. While drawing parity with NRI, the prospectus except generally mention of necessary proof does not say about any specific documents required for OCI candidates. Whereas Clauses 1.8 and1.9 of the prospectus were in respect of documents required to be produced by candidates belonging to the NRI/Wards of NRI/NRI sponsored category respectively. Therefore, the contention of the
counsel for the Tanuvas that the required document s also applies to OCI/PIO was not sustainable. The OCI/PIO were different from NRI. The necessary document to prove OCI was primarily, the OCI card issued by Union of India, the judge added.
The judge said because OCI candidates were treated par with NRI, the Tanuvas cannot insist OCI to produce same set of documents required to prove NRI status. As per the prospectus what was required was the candidates who apply for the seat under the OCI was to produce necessary proof of his/her OCI status. Regarding payment of fees in US dollar, the source of payment may not be relevant for OCI candidates as long as they pay the fees in US dollars, the judge added.