PRANAV BAJPE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since, these matters raise common question of facts and law, they have been connected together, heard and disposed of by this common judgment.

(2.) Writ Appeal No.1177/2019 is an appeal filed by the State assailing the order of learned Single Judge dated 10/04/2019 in Writ Petition Nos.7376-78/2019. Writ Petition No.27761/2019 has been filed by minor students who are Overseas Citizens of India Cardholders ('OCI Cardholders' for the sake of convenience) assailing Rule 5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 (hereinafter referred to as '2006 Rules', for the sake of convenience) made under The Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (hereinafter referred to as '1984 Act' for the sake of brevity) and Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Act 8 of 2006 as amended by Act No.22 of 2017) ('2006 Act' for short) insofar as it inserts the words 'and includes persons of Indian origin and overseas citizen of India' in the definition of "Non-resident Indian" as being repugnant to the provisions of the Citizenship Act, 1955 ('Citizenship Act' for short).

(3.) The petitioners have sought a direction against respondent Nos.1 to 4 in the Writ Petition to permit them to participate in the online counseling process for seat selection/allotment in Medical/Dental courses including Government quota seats and to seek admission in the Under-Graduate Bachelor of Medicine and Bachelor of Surgery/Bachelor of Dental Surgery (MBBS/BDS) courses on the basis of their ranking in National Eligibilitycum- Entrance Test ['NEET' for the sake of convenience], in various Government and Private Medical/Dental Colleges in the State.