An OCI cardholder challenged a Karnataka Examinations Authority notification clause making OCI/PIO eligibility for government seats subject to government directions. The respondents stated the petitioner had been treated on par with citizens for admission on merits; prayers stood satisfied and the petition was disposed of.
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NC: 2024:KHC:38586-DB WP No.5637 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2024 PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K.V. ARAVIND WRIT PETITION NO.5637 OF 2024 (EDN-RES)
BETWEEN:
Digitally signed by AMBIKA H B Location: High Court of Karnataka
ABHIDYU GOWDA MANDYA CHANDRASHEKAR MINOR, AGED 17 YEARS S/O CHANDRA SHEKAR M.S. 1871/2, 7TH CROSS LAWYERS COLONY SUBHASH NAGARA MANDYA 571401 REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN CHANDRA SHEKAR M.S.
(BY SRI. AJOY KUMAR PATIL, ADV.,)
…PETITIONER
AND:
NC: 2024:KHC:38586-DB WP No.5637 of 2024
…RESPONDENTS
SRI. H. MALLAN GOUD, CGSC FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTIFICATION AT ANNEXURE-C ISSUED THE 2ND RESPONDENT KARNATAKA EXAMINATIONS AUTHORITY (KEA) DATED 09/01/2024 AT ANNEXURE-C IN NO.ED/KEA/ADMN/CR-09/2023-24 IN SO FAR AS IT RELATES TO CLAUSE 6 OF THE SAID NOTIFICATION WHICH STATES THAT ELIGIBILITY FOR OCI/PIO CANDIDATES FOR GOVERNMENT SEATS SHALL BE AS PER THE DIRECTIONS OF THE GOVERNMENT. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS-1 AND 2 TO PERMIT THE PETITIONER TO PARTICIPATE IN THE ONLINE COUNSELING FOR CET-2024 TO BE CONDUCTED BY THE 2ND RESPONDENT KEA AS PER THE NOTIFICATION BEARING NO.ED/KEA/ADMN/CR-09/2023-24 DATED 09/01/2024 ISSUED BY THE 2ND RESPONDENT KEA AT ANNEXURE-C AND PERMIT HIM TO PARTICIPATE IN THE COUNSELLING OF CET-2024 FOR ENGINEERING/TECHNOLOGY SEATS FOR SEAT SELECTION AND ALLOTMENT OF SEATS IN BE/B.TECH/B.ARCH ENGINEERING COURSES FOR THE ACADEMIC YEAR 2024-25 FOR ADMISSION TO THE UNDER GRADUATE ENGINEERING COURSES IN KARNATAKA AND ALLOW HIM TO CHOOSE THE SAID SEATS, ON THE BASIS OF HIS MERIT AND RANKING IN CET-2024 & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:38586-DB WP No.5637 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA and
HON'BLE MR. JUSTICE K.V. ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA )
The petitioner is a student who wanted to pursue his
professional Engineering course for the academic year
2024-25.
dated 09.01.2024 insofar as it related to Clause No.6, in which it was provided that the eligibility for Overseas Citizens of India (OCI) Cardholder/Person of Indian Origin candidates for Government seats shall be as per the directions of the Government.
NC: 2024:KHC:38586-DB WP No.5637 of 2024
" It is submitted by learned Government Advocate that in view of the interim orders passed by this Court earlier as well as orders of the Hon'ble Apex Court with regard to right of Overseas Citizen of India (OCI) cardholders to apply for and to be considered for admission in Government as well as Private seats in the previous years, as evidenced by the orders produced along with the writ petition, the Government has no objection to the OCI cardholders being considered for admission to undergraduate courses in Medical, Dental and Engineering for the Academic Year 2024-2025 for both Government and Private seats, on par with Indian citizens.
Having heard learned Central Government Standing Counsel as well as learned counsel appearing for KEA, we are of the opinion that this submission can be recorded that the OCI cardholders are to be permitted to participate in Online counseling for admission to undergraduate courses in Medical, Dental and Engineering for the Academic Year 2024-2025 for both Government and Private seats, on par with Indian citizens.”
learned advocate Mr. N.K. Ramesh appearing for respondent No.2-Karnataka Examination Authority as well as learned Additional Government Advocate Mr. M.N. Sudev Hegde stated that the petitioner who is an OCI Cardholder has already been treated along with the citizens for the purpose of his claim on merits in General
Category in the Engineering/Technology courses in
question for the academic year 2024-25 and that, if the admission is available on merits, it shall be given to the petitioner.
5. In view of the above statement, learned advocate
Mr. Ajoy Kumar Patil for the petitioner fairly submitted that the grievance of the petitioner does not survive and the petition may be disposed of accordingly.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
RV
List No.: 2 Sl No.: 1
1 issue framed by the court
Whether an OCI cardholder student could participate in CET-2024 counselling and be considered for Government engineering seats in Karnataka.
1 provisions across 1 enactments
Abhidyu Gowda Mandya Chandrashekar (minor, represented by father and natural guardian Chandra Shekar M.S.)
The State of Karnataka, rep. by its Principal Secretary to Government, Higher Education Department
Karnataka Examination Authority, rep. by its Executive Director
The Union of India, rep. by its Secretary, Ministry of Home Affairs
N.V. Anjaria
K.V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
