Back
N. V. ANJARIA, K. V. ARAVIND
Meghana Kuruvalli, D/o. Renuka Reddy Kuruvalli – Appellant
Versus
State Of Karnataka, Represented By Its Additional Chief Secretary To Government, Medical Education Department – Respondent
| Table of Content |
|---|
| 1. petitioner seeks admission based on local qualifications as an oci cardholder. (Para 2) |
| 2. court examines the legal status of oci cardholders under the citizenship act. (Para 3) |
ORDER :
(N.V. Anjaria, CJ.) :
The petitioner, who is the Overseas Citizen of India cardholder and registered as such under Section 7A of the CITIZENSHIP ACT , 1955, by filing this petition under Article 226 of the Constitution, has amongst other prayers, advanced the prayer to consider her case for admission to the Bachelor of Medicine and Bachelor of Surgery as well as to the Bachelor of Dental Surgery courses for the academic year 2024-25 in the State of Karnataka, under Article 371J of the Constitution, and under the Karnataka Educational Institutions (Regulation of Admission in Hyderabad Karnataka Region) Order, 2013 for the seats earmarked for the students of Hyderabad-Karnataka Region.
Prayers and Relief
2. In addition to the aforementioned principal prayer to be grouped together with the category of students under Article 371J of the Constitution for admission in the Hyderabad-Karnataka or Kalyana Karnataka quota, the other attendant prayers are made to set aside Clause 6 of Notification
Overseas Citizens of India (OCI) cardholders are considered foreign nationals and do not have the right to claim educational reservation benefits under Article 371J of the Constitution meant for Indi....
Point of law : Home Secretary had ample power under the Aliens Order 1953 to refuse admission to aliens or to refuse to extend their stay and further he had exercised that power fairly and validly in....
The court ruled that the notification restricting OCI cardholders' admission rights violated Articles 14 and 21, emphasizing the principle of non-retrogression in rights conferred.
When right conferred is withdrawn and altered, it should demonstrate application of mind and nexus to object of such withdrawal.
OCI cardholders do not have equal admission rights as Indian citizens in medical college quotas, and regulations must be strictly followed.
Right of NRIs to appear in Medical Admission Tests – Challenge to Clause 4(ii), its proviso and Explanation (1) as contained in impugned notification dated 04.03.2021 bearing F No.2611/CC/05/2018-OCI....
OCI cardholders are ineligible to sponsor candidates under NRI quota if their OCI card was issued after the 2021 Government Notification restricting such sponsorship rights.
The court emphasized that Overseas Citizens of India must be afforded procedural safeguards, including a clear opportunity to respond to allegations before cancellation of their status or blacklistin....
The court reaffirmed that the rules governing eligibility for education should not unjustly exclude candidates based on residence due to circumstances beyond their control, particularly where a perma....
Legitimate classification based on residency for admission into medical programs is constitutional, ensuring local residents benefit while maintaining educational standards contrary to claims of disc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
