The Karnataka High Court has ruled that Overseas Citizens of India (OCI) card holders can now write entrance exams to professional courses in the state under the general quota. The judgement ruled that OCI holders, who were previously considered to be NRIs (Non-Resident Indians) and fell under NRI quota for college admissions, will now be considered on par with citizens of India for state entrance exams.
Several students holding OCI cards approached the court challenging the notion that they were not eligible for general quota seats under Karnataka’s Common Entrance Test (CET). A petition had been filed by Pranav V Deshpande along with other OCI card-holding students. In addition to medical and dental courses, individuals with an OCI can now write entrance exams to professional courses, including engineering.
The judgement was delivered by Justice Krishna S Dixit who also nullified the inclusion of OCI card holders in the same category as NRIs.
Citing that an amendment to the Karnataka Professional Educational Institutions act made in 2017 which does not include ‘Overseas Citizens of India or Overseas Citizens of India Cardholders within the definition of Non-resident Indians,’ the court ruled that OCI holders be considered on par with Indian citizens.
"A Writ of Declaration issues to the effect that, the impugned Rule 5 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institution Rules, 2006, to the extent it prescribes Indian Citizenship, is not enforceable against the Overseas Citizens of India Cardholders," the court order further reads.
Speaking to TNM, Executive Director of the Karnataka Examination Authority, Girish R, said that the order issued by the court would soon be implemented. “Students with an OCI card can register for the CET from 5 pm [on Tuesday] online at the website,” he said.
The CET, or Common Entrance Test was established in 1994 as a benchmark to permit students to enter a number of professional courses under the government quota. These courses include seats in Medical, Dental, Indian Systems of Medicine and Homoeopathy, Engineering and Architecture courses, among others.
OCIs, NRIs, and Indian citizens
To gain better clarity of the terms which were vital to the case, TNM spoke to Naren Thappeta, who is a lawyer advocating for the rights of those with OCI cards.
“In 2003 then Prime Minister Vajpayee declared that India would allow for dual citizenship, which would have allowed people to be considered an Indian citizen as well as a citizen of another country, however when this was actually implemented, things became a little complicated,” explains Naren. For a number of underlying issues, India soon decided that it would not allow for dual citizenship but would instead opt to give people the OCI status, which allowed them to avail opportunities in education and economics in the country. “But at the end of the day, they are still not being considered full citizens.”
Since OCI holders found themselves in an ambiguous state, having only been loosely considered to be citizens and largely shelved into the same category as NRIs, a lot of confusion arose. In some instances, including applying for college, they were considered only under the NRI quota and not the general quota for Indian nationals. “The laws are ambiguous, and that’s something we are working on solidifying,” explains Naren.
In the meantime, students with OCI cards can now register for the CET 2019 to be held on April 23. Registration for the exam will begin at 5 pm on Tuesday online at the KEA website.