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Synopsis

In a significant decision, the Karnataka High Court has declared that Overseas Citizen of India (OCI) cardholder students are eligible to partake in the online counselling for admission to undergraduate medical, dental, and engineering seats in government and private colleges for the academic year 2024-25 and will be afforded equal treatment alongside Indian citizens in the admission process.

The court, presided over by Justice Anu Sivaraman and Justice Anant Ramanath Hegde, made the observation following the submission of the state government of its stance, the state informed the court that it has no objection to this consideration, aligning with interim orders previously passed by the court and directives from the Supreme Court regarding the rights of OCI cardholders.

The case originated from a petition filed by Abhidyu Gowda Mandya Chandrashekar, an OCI cardholder from Mandya, who sought directions to authorities to allow his participation in the counselling process for CET-2024, particularly for undergraduate engineering seat selection for the upcoming academic year. Chandrashekar challenged a clause in a January 2024 notification by the Karnataka Examination Authority (KEA) related to Common Entrance Test (CET) eligibility for OCI/PIO (Persons of Indian Origin) candidates. The clause suggested that government seat eligibility for OCI/PIO candidates would be subject to government directives, prompting the petition against it.

Advocate Ajoy Kumar Patil, representing Chandrashekar, countered the clause by citing legal precedents established by both the High Court and the Supreme Court. He referenced a pivotal 2020 ruling by a Division Bench of the High Court, which unequivocally asserted that OCI students should be accorded equal treatment to Indian citizens. Additionally, Patil underscored a significant 2023 judgment handed down by the Supreme Court in the case titled Anushka Rengunthwar v. Union of India.

This ruling interpreted a 2021 notification issued by the Union government regarding the eligibility of OCI/PIO students for professional courses. The Supreme Court, in its judgment, clarified that the said notification had prospective applicability only and could not be retroactively enforced on OCI cardholders born before March 21, 2021.

Echoing this stance, the Government Advocate M N Sudev Hegde, representing the Karnataka government, affirmed before the High Court bench that OCI cardholders would indeed be considered for admission to medical, dental, and engineering courses in both government and private colleges for the upcoming academic year.

Following deliberations on the arguments, the court noted, “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.”

 

Cause Title: Abhidyu Gowda Mandya v. The State of Karnataka [WP 5637/2024]