High Court Directs Karnataka Examination Authority To Permit OCI Students To Appear In Exams & Counselling On Par With Indian Students

A vacation bench of Justice R Devdas and Justice K S Hemalekha said, "The petitioners shall be permitted to register themselves with the respondent-Karnataka Examinations Authority to appear in the examination and participate in the counseling. It is also made clear that as directed by the Hon'ble Supreme Court that the OCI students are also permitted to be treated on par with the Indian students and allowed to apply for any course/courses including Bachelor of Ayurvedic Medicine and Surgery (BAMS) for the Academic Year 2022-23."

This relief is not restricted to petitioners alone and the authority is required to extend this benefit to all similarly situated students.

The interim order was passed in a batch of petitions including the one filed by one Vivek Goutam. The bench issued notice to the respondents on the petition.

The petitioner's counsel submitted that in respect of the impugned notification dated 04.03.2021 issued by the Ministry of Home Affairs, the Supreme Court in the case of Dr. Radhika Thappeta & Ors. v. Union of India, has passed interim orders on 08.02.2022 permitting the petitioners belonging to OCI category to appear in the counseling in the general category, on par with the Indian Citizen to pursue their respective courses.

Advocate N.K.Ramesh, appearing for the authority, said in the order of the Supreme Court it was made clear that interim relief was limited to the academic year 2021-2022 only.

Following which the bench said "Nevertheless, since the challenge raised to the notification has not been decided by the Hon'ble Supreme Court, the benefit is required to be extended to the petitioners who are before this Court for the Academic Year 2022-2023 also."

It added "This relief is not restricted only to the petitioners herein. The respondent-Authorities are required to extend this benefit to all similarly situated candidates."

Also Read: OCI Cardholders To Be Treated As Indian Citizens For Admission To Professional Courses: Karnataka High Court

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