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12 April 2019

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OCI cardholders can take admission in govt colleges: HC

Many foreign-born students having Overseas Citizens of India (OCI) cards can feel relaxed; The high court on Wednesday said they are eligible to apply for government quota seats in professional schools.

Justice Krishna S Dixit passed the order while discarding a batch of petitions recorded by OCI cardholder students. The judge issued an order to the Karnataka Examinations Authority (KEA) to allow OCI cardholders to enroll and participate in the Common Entrance Test (CET) 2019 and ensuring counseling for BE/B.Tech/B.Arch and other professional courses in government, private aided and unaided universities in the state for the academic year 2019-20. The counseling would be based on their relative merit and positioning in CET 2019.

Justice Dixit held that "Indian citizenship", as recommended under standard 5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institution Rules, 2006, isn't enforceable against OCI cardholders; the state government has no authority to choose the issue. He likewise subdued the incorporation of OCI/OCI cardholders inside the meaning of Non-Resident Indians (NRIs).

In 2017, the government made changes to the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006, whereby under area 2(1)(n), OCIs were considered as NRIs. Students with OCI cards thus moved the high court claiming they are qualified for admission to government quota seats in professional schools as they met all prerequisites, including domicile criteria.

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