BENGALURU: The Karnataka High Court on Tuesday held that Overseas Citizens of India (OCI) cardholders need not seek admission only under the quota meant for Non-Resident Indian (NRI) students in professional educational institutions (medical/dental or engineering colleges), but are eligible for admission under institutional as well as State Government quota seats.
A division bench of Justices B V Nagarathna and N S Sanjay Gowda pronounced the judgement and confirmed an order passed by a single judge directing the State and the Karnataka Examination Authority (KEA) to permit the petitioners to register for CET.
Allowing the petitions filed by Pranav Bajpe and others, who are OCI cardholders, the Bench quashed Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission & Determination of Fee) Act, 2006, as amended in 2017, to include ‘Overseas Citizens of India’ or ‘Overseas Citizens of India Cardholders’ within the definition of ‘Non-Resident Indian’.
“We would like to remind ourselves of the ancient Indian thought, ‘Vasudhaiva Kutumbakam’, which means ‘the world is a family’. The minor children of Indian citizens born overseas must have the same status, rights and duties as Indian citizens, who are minors,” the Bench said.
Centre’s law should prevail over the state: K’taka HC
The single judge had upheld the notification issued by the Ministry of Home Affairs under the Citizenship Act on January 5, 2009 allowing OCI cardholders to appear in All-India Pre-Medical Test or any other test. The judge held that the law of the Centre should prevail over that of the State.
The Bench directed KEA to allow the petitioners to participate in the ensuing counselling session for CET-2020 or subsequent years for selection and allotment of seats in BE/B Tech/B Arch or other professional courses in government colleges, private aided/unaided colleges/educational institutions for the academic year 2019-20 on the basis of their merit and ranking in CET.
On MBBS/BDS courses, the Bench said NEET scheme should apply for 2019-20 as well as 2020-21, and issued directions to the State and KEA to permit the petitioners and other OCI cardholders to participate in the counselling session.The directions should be brought into effect without any delay, the Bench told the State government and KEA.