HC-High Court allows OCI's for Government Quota's in Colleges

 

On Wednesday dated 10th of April 2019, High court of Karnataka brings smiles on the face of hundreds of India based foreign students who hold OCI cards. HC orders that even students who hold OCI cards can apply for the courses in Educational Institutions under Govt reserved Quota.

The petition was filed with petition no-W.P No 7724/2018 challenging the rule 5 of Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules 2006.

The rule 5 of Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules 2006 clearly states that,

"No candidate shall be eligible for Government Seats unless he is a citizen of India”.

The petitioners contended that above said rule 5 is in contrary with the spirit of Article 14 & Article 15 of the Indian Constitution & also contrary to the provisions of Indian Citizenship Act 1955.

The petitioners argued that though they are born outside the territory of India and do not possess an Indian Passport, nevertheless, having regard to Sections 7A and 7B of the Citizenship Act, they are OCI and they possess OCI card and therefore, there is no impediment for them to apply under the 2006 Rules.

The Citizenship Act was amended, so as to recognise and confer certain rights on overseas citizens of India and the very object of the amendment is to enable Overseas Citizens of India to have the benefit of inter alia educational opportunities in India.

The Consul for petitioner argued when the Central Government has expanded the opportunities for such persons inter alia to be educated in India by amending the Citizenship Act, the 2006 Rules framed by the State Government cannot be interpreted contrary to the intention of the Parliament as well as the Central Government.

The Honourable Hight Court has issued direction to the Karnataka Examinations Authority' ordering the Authority to permit OCI card holders participate in Common Entrance Test 2019 for all the professional courses including BE/B.Tech etc., The learned Judge also quashed the inclusion of OCI/OCI card holders within the definition of Non Resident Indians. The state Government amended Karnataka Professional Educational Institutions Rules 2006 in the Year 2017, in which OCI's were included under NRI category.

Do note that this writ petition was filed in the Honourable High Court of Karnataka & the Judgement is passed in favour of Petitioners who are all Overseas Citizens of India(OCI's). It doesn't mean this order will benefit only OCI students within Karnataka. Since, this order covers the subjects like Indian Citizenship Act 1955(passed by Union Parliament) & references also raised in the petition about Article 14 & Article 15 of the Indian Constitution, this judgement can be referred as a precedent in other states of India in case OCI's face similar problems before the respective Examination boards/Authorities in other states of India respectively.

So to make full use of this Court order for needy OCI's anytime in future, the Writ copy is made available with the link pasted below. Writ Copy & Order Sheet can be downloaded by clicking on the link below.

https://static.wixstatic.com/ugd/a3bfec_c874b7cec5ad4dd581cafd7997cd3def.pdf

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