ASHWIKA PANKAJ BAGAYATKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are the aspirants for participation in KCET examinations, are before this Court seeking the following directions:

(2.) It is submitted by the learned counsel appearing for the writ petitioners that the petitioners are persons holding foreign passports along with OCI cards. It is submitted that the provisions in the prospectus issued by respondent No.3 - KEA states that no candidate shall be eligible for admission to Government Seats unless he is a Citizen of India and satisfies any one of the following conditions. It is further provided that eligibility for OCI / PIO candidates for Government seats shall be as per the directions of the Government. Further, it is submitted that clause 8 of the prospectus provides that no candidates shall be eligible for admission to Government Seats unless he is a citizen of India. It is further submitted that a notification had been issued by the Central Government on 4/3/2021 providing that rights available to Indian citizens would not be extended to OCI card holders. However, it is contended by the learned counsel for the petitioners that the question with regard to eligibility of OCI card holders to participate in the selection as citizens is concluded by the judgment of the Hon'ble Supreme Court in Anushka Rengunthwar and Others vs. Union of India and Others reported in (2023) 11 SCC 209. It was clearly held by the Apex Court that the OCI card holders would be entitled to rights and privileges which had been conferred on them earlier to the notification dtd. 4/3/2021 and that could be availed by them notwithstanding the notification.

(3.) It is contended that in an earlier round of writ petition before this Court also the eligibility of OCI card holders for admission to Government seats had been considered and it had been held that OCI card holders are even eligible for admission to Government seats under the quota set apart in terms of Article 371J of the Constitution of India. It is submitted that in the instant case the petitioners are seeking only permission to participate in the selection to Government seats under the general quota.