Karnataka High Court Ruling on OCI Cardholders

Bengaluru: Granting interim relief to a student, the Karnataka High Court bench recently held that students holding Overseas Citizens of India (OCI) cards are to be treated on par with Indian citizens while participating in online counselling for admission to undergraduate medical and dental courses for 2024-2025.

"...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," the HC bench of Justices Anu Sivaraman and Anant Ramanath Hegde ordered on April 02, 2024.

The HC bench passed this order after the State Government informed the bench that it had no objection considering OCI cardholder students for admission to undergraduate medical, dental and engineering seats in government and private colleges on par with Indian citizens for the academic year 2024-25.

Recording the submission, the bench granted relief to the UK-born petitioner. Filing the plea, the petitioner challenged a January 9, 2024 notification that held that eligibility for OCI/PIO candidates for government seats shall be as per the directions issued by the government.

Also Read: OCI candidates can get admission to only NRI quota seats after taking NEET: MHA

As per the latest media report by the Times of India, the UK-born petitioner has been studying for more than 10 years in Bengaluru and completed his class 10 from Mandua and is currently appearing for II PU examination.

The petitioner highlighted that the central government had earlier issued notifications in 2005 and 2009 conferring certain rights on OCI cardholders, including their rights to appear for All-India Pre-Medical Test and such other tests and be considered for admission on par with Indian citizens.

"The state govt and Karnataka Examinations Authority (KEA) are bound by the law declared by the Supreme Court of India and the law declared and directions issued by the division bench of this high court. Since the Supreme Court has clearly held that those OCI cardholders born before March 4, 2021, are entitled to be treated as Indian citizens, KEA cannot make the eligibility of OCI cardholders for govt seats subject to directions issued by the government," the petitioner contended.

During the hearing of the case, the government advocate Sri M N Sudev Hegde, who appeared for the State submitted that considering the interim orders passed by the High Court earlier as well as the orders of the Supreme Court in respect of the rights of the OCI cardholders to apply for and 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.

Taking note of this, the bench opined that 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.

It was reported back in 2021 that issuing a gazette notification, the Ministry of Home Affairs (MHA) had stated that the OCI Cardholders can secure admission to "only NRI (Non-Resident Indian) quota seats" in educational institutions based on all-India entrance tests such as National Eligibility cum Entrance Test.

As per the latest gazette notification, dated 04.03.2021, the OCI cardholders "appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance Examination (Mains), Joint Entrance Examination (Advanced) or such other tests" would be "eligible for admission only against any Non-Resident Indian seat or any supernumerary seat". This way, the OCI cardholders won't be eligible for "admission against any seat reserved exclusively for Indian citizens."

However, the matter came to be challenged before the Supreme Court and issuing an interim relief to the OCI Candidates, the top court bench had allowed them to participate in the general category of NEET Counselling for the academic year of 2021-2022.

Last year, the Court ruled that the Central Government rule of barring the Overseas Citizens of India (OCI) cardholders to apply for general category medical seats will be applied prospectively from the date on which the rule was implemented.

To view the order, click on the link below:

High Court of Karnataka Official Website

Also Read: NEET: Supreme Court declares Centre's order of barring OCI candidates from General seats to be applied prospectively