Treat OCI cardholders like Indian citizens: Karnataka HC

BENGALURU: The Karnataka High Court has directed the Karnataka Examination Authority (KEA) to amend its notification for the next year onwards to treat OCI cardholders who were born before March 4, 2021 on par with the Indian citizens for the purpose of admission in professional courses against the government seats. A division bench of Justice D K Singh and Justice Venkatesh Naik T passed the order while allowing the two separate petitions filed by Mukul Pravin Khamayacha from Mysuru and Shreyas Chaturvedi Murthy from Bengaluru. The petitioners are Overseas Citizens of India (OCI). Mukul has studied in Karnataka throughout and completed his Class X examination from Mysuru. Similarly, Shreyas completed Class X in Bengaluru. They have cleared +2 PUC exam from PU Board. They are aggrieved by the notification issued by the KEA for admission to professional courses in the state for 2025-26. Under Clause 7 of the notification, it is prescribed that no candidate shall be eligible for admission to government seats, unless he is a citizen of India and satisfies any one of the eligibility specified therein. The candidates who have not qualified for the eligibility are not liable for admission to professional courses under government seats. Eligibility for OCI or Person of Indian Origin candidates for government seats shall be as per the government direction. The counsel for the petitioners contended that the Supreme Court in its judgment dated February 3, 2023 in the case of Anushka Rengunthwar and others has held that OCI cardholders who were born before notification dated March 4, 2021 issued by the central government and who have registered themselves as OCI cardholders, they should be treated as Indian citizens before date of the notification dated March 4, 2021.