In a huge relief to students belonging to the Overseas Citizens of India (OCI) category, the High Court of Karnataka on Wednesday declared that OCI card holding students are eligible to appear for the Common Entrance Test (CET)-2019 and to seek admissions to engineering, architecture and other professional courses in government and private aided, and unaided institutions for the academic year 2019–20.
The court also directed the State government and the Karnataka Examinations Authority (KEA) to permit OCI students to register for CET-2019 and to participate in the counselling for selection and allotment of seats in BE/B.Tech/B.Arch and other professional courses based on the their relative merits and ranking in the CET-2019.
Justice Krishna S. Dixit delivered the judgment while allowing the petitions filed by Pranav V. Deshpande and a large number of OCI students, seeking direction to the State to admit them to medical and dental courses even under categories other than the NRI category, and to other professional courses, including engineering courses.
The court declared that Rule 5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institution Rules, 2006, to the extent it prescribes Indian citizenship to be an eligible criterion to seek admission to professional courses, is not enforceable against OCI cardholders.
Quashed
Also, the court quashed Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission & Determination of Fee) Act, 2006, as amended in 2017, to the extent that it includes the Overseas Citizens of India or Overseas Citizens of India Card holders within the definition of Non-Resident Indian.
The court said that the State government and the KEA should take all steps that are necessary to facilitate and effectuate these directions forthwith and without brooking any delay in the matter, keeping in view the fast approaching CET-2019.
The the State government had contended that the OCI students, being foreign citizens, are eligible to seek admission only to medical and dental courses under only the NRI quota.
