High Court of Karnataka Reserves Order on OCI Cardholder's Plea for Admission to Medical Courses Under Hyderabad-Karnataka Quota. Petition Challenged Citizenship Requirement in Admission Notification for Government Seats.

Writ petition under Article 226 of the Constitution challenging notification clauses and seeking admission to MBBS/BDS under Article 371J quota.

Petitioner sought to quash Clause 6 of the KEA Notification dated 09.01.2024 and Clause 6.1 of the Information Bulletin, to consider her case for admission under Article 371J quota, and to permit her to participate in seat allotment process.

Petitioner, an OCI cardholder, was not allowed to register as an Indian citizen on KEA website and was clubbed with foreign nationals, thereby denied opportunity to claim reservation under Article 371J.

Whether an OCI cardholder is eligible for admission under the Hyderabad-Karnataka Region reservation quota under Article 371J? Whether Clause 6 of the KEA Notification dated 09.01.2024 and Clause 6.1 of the Information Bulletin are valid? Whether the Supreme Court decision in Anushka Rengunthwar applies to reservation seats? Whether clubbing OCI candidates with foreign nationals is justified?

Petitioner contended that as an OCI cardholder, she should be treated on par with Indian citizens for admission to government seats, relying on Anushka Rengunthwar v. Union of India. She argued she studied in Hyderabad-Karnataka region for six years, satisfying eligibility under Article 371J, and that the notification clause unreasonably excludes OCI cardholders.

Clause 6 of the said Notification dealing with eligibility, reads as under, “Eligibility: As per Rule 5(1) of Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules 2006 (Amendments), No candidates shall be eligible for admission to Government Seats unless he is a citizen of India and satisfies any one of the eligibility conditions specified therein. the petitioner has studied for the last six years in Ballari, State of Karnataka, that she has completed her 10th standard examination from Ballari and further that she has appeared for the 2nd Pre University Certificate examination, the result of which is awaited. When the petitioner registered online with KEA to participate in the online counselling for admission to MBBS/ BDS seats in Karnataka, the KEA website permitted her to register as a Foreign National and not as Indian Citizen, contrary to the law laid down by the Apex Court ...

The petitioner filed a writ petition under Article 226 of the Constitution praying for various reliefs including quashing of certain clauses of the KEA notification and for consideration of her case for admission under Article 371J quota for the academic year 2024-25. The matter was heard and reserved for orders on 4th September 2024.

• Citizenship Act, 1955: Section 7A
• Constitution of India: Article 371J, Article 226
• Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984: Section 14
• Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006: Rule 5, Rule 9
• Karnataka Educational Institutions (Regulation of Admission in Hyderabad Karnataka Region) Order, 2013: