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VIKAS MAHAJAN, J

1. The case set out in the petition is that the petitioner is a citizen of U.S.A., who holds an 'Overseas Citizen of India' [hereinafter 'OCI'] card, having studied from 4th standard to 12th standard in India.

2. On 10.06.2024, petitioner submitted an online application form for admission in the respondent / Delhi University [hereinafter, the 'University'] through Foreign Student's Registry [hereinafter, 'FSR'] opting B.Com (Hons.) and B.Com. as his first and second preferences, respectively.

8. Thereafter, multiple emails were exchanged between the petitioner and the University, and the latter in its last email dated 02.10.2024, informed that FSR and CUET processes are separate and advised petitioner to apply through CUET in the next academic year for taking admission in B.Com. (Hons.).

9. Mr. Rishi Raj Singh, learned counsel appearing on behalf of the petitioner submits that petitioner is an OCI card holder who has been constrained to study B.Com. as a Foreign National, as he was not made aware by the University that he could apply like an Indian National through CUET by not publishing or communicating this crucial information at the time of admission. He submits that the petitioner had to enrol in B.Com. as a Foreign National as he had not studied Mathematics in Class XII.

"Persons who are born in a foreign country subsequent to 04.03.2021........ and who seek for a registration as OCI cardholder ....... would have a choice to either seek for citizenship by descent or to continue as a foreigner in the background of the subsisting policy of the Sovereign State."

20. He further submits that on announcement of the above-mentioned Notification, CSAS portal was activated for all OCI card holders who wished to take admissions through CUET to register on the University's registration portal-CSAS.

32. He submits that while it may be true that the CSAS portal was technically activated for all OCI candidates, the very design of the portal barred them from proceeding. He elaborates that CSAS website asks every candidate whether they are citizens of India, and only two buttons are displayed: "yes" and "no." There is no separate button specifically for OCI candidates. It is obvious that an OCI holder is not a citizen of India, and hence, on selecting "No," the portal displays information in red stating that Foreign Nationals should apply via foreign website. He submits that this fundamental design flaw forced OCI candidates like petitioner to exit the CSAS registration process.