Karnataka HC upholds Centre’s notification on OCI students
BENGALURU: The Karnataka High Court upheld the Union government’s notification dated March 4, 2021, which prohibits OCI (Overseas Citizenship of India) cardholders from staking claim for admission to any seats for professional education courses, other than availing under NRI quota and supernumerary seats.
However, in special circumstances of the case, the court permitted all the petitioner-students to stake claim for admission consistent with the interim relief made in their favour, subject to eligibility and qualification. Ten days’ time is granted to the petitioners to produce the required documents before the Karnataka Examination Authority (KEA).
Justice Krishna S Dixit passed the order to that effect after hearing petitions filed by the students. The petitioners, who are OCI cardholders, attempted to register online with the KEA to appear for the Common Entrance Test-2021. However, the KEA did not accord them non-supernumerary seats on the ground that they are not Indian citizens, as per the latest notification issued by the central government.
In exercise of powers under Section 7B(1) of the Citizenship Act, 1955, the central government issued the impugned notification restructuring the educational rights of OCI cardholders, and superseded earlier notifications.
The petitioners contended that the notifications issued in 2005 and 2009 were the accrued right of admission to professional educational courses for OCI cardholders and these rights are saved even under the present notification but are not applicable to professional courses. Therefore, the notification is liable to be voided as the central government issued it without competence as it is only the parliament which could have done it, they pleaded. Additional Solicitor General of India MB Nargund contended that the impugned part of the 2021 notification is consciously incorporated.