Writ Petition No. 5289 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9622-DB WP No. 5289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 5289 OF 2025 (EDN-RES) BETWEEN:
Legal Reasoning
MASTER. ARYAN GURURAJ HEBBAR S/O MR. GURURAJ HEBBAR K.S. AGED ABOUT 17 YEARS RESIDING AT: 'SHRIYANS' No.166, 4TH MAIN ROAD ITI LAYOUT, MALLATHAHALLI P.O. - ULLALU UPANAGARA BANGALURU-560 056 KARNATAKA REP. BY ITS NATURAL GUARDIAN MR. GURURAJ HEBBAR K.S. (BY SRI. ABHISHEK K., ADVOCATE) …PETITIONER Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka AND: 1. UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA REPRESENTED THROUGH ITS SECRETORY NORTH BLOCK, NEW DELHI-110 001 2. STATE OF KARNATAKA THROUGH PRINCIPAL SECRETARY TO THE GOVERNMENT HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA, BENGALURU 560 001 3. KARNATAKA EXAMINATIONS AUTHORITY - 2 - NC: 2025:KHC:9622-DB WP No. 5289 of 2025 REPRESENTED BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU 560 012 …RESPONDENTS (BY SMT. SUMATHI S., CGC FOR R1 SRI M.N. SUDEV HEGDE, AGA FOR R2 SRI N.K. RAMESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE STATE OF KARNATAKA (RESPONDENT No. 2) AND KARNATAKA EXAMINATIONS AUTHORITY (RESPONDENT No. 3) TO PERMIT IN THE KCET-2025 THE PETITIONER TO COMPETE EXAMINATION AND THE COUNSELLING AND SELECTION PROCEDURE AND ALLOTMENT OF SEATS IN ADMISSION TO ENGINEERING, MEDICAL, ARCHITECTURE, YOGA AND NATUROPATHY, VETERINARY, FARM SCIENCE, B. PHARMA AND OTHER PROFESSIONAL COURSES IN ANY GOVERNMENT/AIDED/UNAIDED/PRIVATE IN THE STATE OF KARNATAKA FOR THE ACADEMIC YEAR 2025- 2026 PURELY ON THE MERIT AND RANKING IN GENERAL CATEGORY IN THE IMMINENT KCET-2025 EXAMINATION AND ETC. PARTICIPATE FURTHER IN THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) This writ petition is filed by the candidate who wishes to participate in the KCET-2025 examination for admission to professional courses for the academic year 2025-26. - 3 - NC: 2025:KHC:9622-DB WP No. 5289 of 2025 2. It is submitted that he is the Oversees Citizen of India (OCI) card holder and he is aged 17 years. Relying on the decision of the Apex Court in Anushka Rengunthwar & Ors. Vs. Union of India1, learned counsel for the petitioner contends that the petitioner is to be permitted to take KCET- 2025 examination and to participate in the selection for professional courses as an Indian citizen under general merit quota. 3. It is contended that the Apex Court had considered the Notification of the Central Government dated 04.03.2021, which had restricted the rights of an OCI card holder and had held that the persons who were born before the date of the said Notification could not be inflicted with any adverse consequences of the said Notification. It was held that persons who had the benefit of being treated as citizens could not be prejudiced by a Notification which is issued after the said rights have accrued to them. 1 (2023) 11 SCC 209 - 4 - NC: 2025:KHC:9622-DB WP No. 5289 of 2025 4. Learned counsel appearing for the petitioner contends that the said judgment was rendered by the Apex Court specifically in a matter relating to admissions to Professional Educational Institutions and that a Bench of this Court in W.P.No.15400/2024 by the judgment dated 04.09.2024 had also considered the specific issue and had held that the benefit which had accrued to the petitioner therein, who were OCI card holders could not be abridged by later notification, in the light of the judgment of the Apex Court in Anushka Rengunthwar's case (supra). 5. Learned counsel has also placed reliance on the judgment of this Court in W.P.No.2739/2025 c/w W.P. No.2868/2025, where this Court has considered the earlier judgments on the point and had clarified that OCI card holders like the petitioner would be permitted to participate in the examination and the selection procedure for seats including government seats in KCET-2025 professional courses. The State government and the KEA (Karnataka Examinations Authority) were directed to take - 5 - NC: 2025:KHC:9622-DB WP No. 5289 of 2025 appropriate steps to see that the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 as well as the admission brochures are properly clarified to that effect. 6. Having considered the contentions advanced, we notice that it is the specific case of the petitioner that OCI card holders were entitled to be treated as Indian Citizens till the Notification dated 04.03.2021 was issued. The Apex Court in the judgment relied on by the learned counsel for the petitioner has specifically clarified this aspect and had held that the rights which were given to the OCI card holders from time to time cannot be retroactively taken away so as to disentitle them to such rights by a Notification dated 04.03.2021. It was held that the Notification can have no adverse effect on OCI card holders who were born before the date of the Notification. - 6 - NC: 2025:KHC:9622-DB WP No. 5289 of 2025 7. In the instant case also, the writ petitioner being admittedly aged 17 years, he would be a person who was born before the Notification dated 04.03.2021. 8. In the above view of the matter, we are of the opinion that the writ petitioner would also be entitled to the benefits overwhelm the judgment of the Apex Court in Anushka Rengunthwar's case (supra). 9. It is made clear that the petitioner will be permitted to participate in the examination and the selection procedure as a Citizen of India and shall be entitled to all the benefits as were available to OCI card holders before the Notification dated 04.03.2021.
Decision
Accordingly, the writ petition stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 9