Overseas Citizen of India (OCI) students have been permitted to register with the Karnataka Examinations Authority (KEA) so that they can attempt the examination as well as participate in the counselling. This was permitted by the Karnataka High Court.
The Karnataka High Court has allowed students of OCIs to apply for any courses for the academic year 2022, including, Bachelor of Ayurvedic Medicine and Surgery (BAMS). This was done in view of the Supreme Court directions which were issued that OCI students should also be permitted and treated on par with Indian students.
"This relief is not restricted only to the petitioners. The respondent authorities, both Higher Education Department and KEA are required to extend this benefit to all similarly situated candidate," said a vacation division bench of Justice R Devdas and Justice KS Hemalekha. The bench passed the interim order after hearing petitions filed by Vivek Goutam and others.
The petitioners are those who are aspiring for admission to BE courses via CET in the colleges of the states. However, on March 4, 2021, a notification was issued by the Ministry of Home Affairs which stated that OCI cardholder shall not be eligible for admission against any seat reserved exclusively for Indian citizens. As the petitioners are OCI cardholders the provisions from the home ministry served as a Chinese wall for their hopes of admission under CET.
Meanwhile, on February 8, 2022, Supreme Court's interim orders permitted petitioners in a similar case to appear in the counselling as general category, on par with Indian citizens to pursue their respective courses. It was only to the academic year 2021-2022 that this interim order was limited.
The high court in the hearing said, "Nevertheless, since the challenge raised to the notification has not been decided by the Supreme Court, the benefit is to be extended to the academic year 2022-23 also".
The court also permitted the petitioners to implead the Union of India, represented by its secretary, Department of Home Affairs, as party respondents to the proceedings and directed to issue notice.
