Karnataka High Court
Kum Ashwika Pankaj Bagayatkar vs Union Of India on 1 February, 2025
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WP No. 2739 of 2025
C/W WP No. 2868 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 2739 OF 2025 (EDN-RES)
C/W
WRIT PETITION NO. 2868 OF 2025 (EDN-RES)
IN WP No. 2739/2025:
BETWEEN:
1. KUM. ASHWIKA PANKAJ BAGAYATKAR
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. PANKAJ RATNAKAR BAGAYATKAR
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: 21163
PRESTIGE SHANTINIKETAN
ITPL MAIN ROAD, WHITEFIELD
BENGALURU-560 048
Digitally signed 2. SRI. ARYAN BHARADWAJ
by
CHANNEGOWDA AGED ABOUT 18 YEARS
PREMA
S/O SRI. MADHUSUDHAN NARAYANA MURTHY
Location: High
Court of RESIDING AT: A-302, STERLING TERRACES
Karnataka
100 FEET RING ROAD
BANASHANKARI 3RD STAGE
BENGALURU-560 085
3. SRI. ADVIK SAHA
AGED ABOUT 18 YEARS
S/O SRI. ATANU SAHA
RESIDING AT: FLAT A4-044
DLF WESTEND HEIGHTS APARTMENT
DLF NEWTOWN, AKSHAYANAGAR
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BENGALURU-560 068
4. KUM. SHREYA SAJIT
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. SAJIT VIJAYAKUMAR
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: # 609, 3RD D CROSS
6TH MAIN, 2ND BLOCK
HRBR LAYOUT, KALYAN NAGAR P.O.
BENGALURU-560 043
5. KUM. SHAKTHI SURESH MOLLYN
AGED ABOUD 17 YEARS
DAUGHTER OF SRI. SURESH KRISHNAN MOLLYN
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: 807/1, FIRST STREET
FERNS PARADISE, DODDANEKKUNDI
OUTER RING ROAD, BENGALURU-560 037
6. KUM. AANYA NARAYAN SARAF
AGE ABOUT 18 YEARS
DAUGHTER OF SRI. NARAYANKUMAR SARAF
RESIDING AT: NE 301
SRIRAM SPANDHANA
CHALLAGHATTA, BENGALURU-560 037
7. KUM. PALAK GUPTA
AGE ABOUT 18 YEARS
DAUGHTER OF SRI. PRADEEP KUMAR GUPTA
RESIDING AT: B301, AKME BALLET
DODDANEKUNDI, OUTER RING ROAD
BENGALURU-560 037
8. SRI. ADVAIT SAJITH
AGED ABOUT 18 YEARS
SON OF SRI. SAJITH NARAYANAN
RESIDING AT: 1643, 17A MAIN
1ST STAGE, 5TH BLOCK, HBR LAYOUT
BENGALURU-560 043
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9. KUM. SHLOKA TERALA
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. PRASAD TERALA
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: V177, BELLEZEA
NARAYANAGHATTA, BENGALURU-560 099
10. KUM. SHREYA TEJASVI ANGEERASA
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. TEJASVI ANGEERASA
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: C-403, DNR ATMOSPHERE
VARTHUR MAIN ROAD, RAMAGONDANAHALLI
BENGALURU-560 066
11. MASTER ANAND S BADADAL
AGED ABOUT 17 YEARS
S/O SRI. SHARANABASAPPA BADADAL
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: B502, TOWER 2
ADARSH PALM RETREAT, BELLANDUR
BENGALURU-560 103
12. KUM. RUHEE CHAWLA
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. VIVEK CHAWLA
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: IC 802
AKME ENCORE APARTMENTS
KUNDALAHALLI MAIN ROAD
BENGALURU-560 037
13. KUM. ANUSHKA KIRAN DIVEKAR
AGED ABOUT 18 YEARS
DAUGHTER OF SRI. KIRAN MOHAN DIVEKAR
RESIDING AT: 106A, AMARJYOTI APARTMENTS
85, KANAKAPURA ROAD, JAYANAGAR 6TH BLOCK
BENGALURU-560 082
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C/W WP No. 2868 of 2025
14. SRI. PRATHAMESH YOGESH SAWDADKAR
AGED ABOUT 18 YEARS
S/O SRI. YOGESH MURARI SAWDADKAR
RESIDING AT: 113, PRESTIGE WOODSIDE
OFF DODDABALLAPUR ROAD
NEAR CRPF CAMPUS, AVALAHALLI
BENGALURU-560 064
15. KUM. ADITI BASAVARAJ NARTHI
AGED ABOUT 17 YEARS
DAUGHTER OF BASAVARAJ NARTHI
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: 38, FOREST COLONY
2ND PHASE, BEHIND SHAKTI COLONY
HUBLI-580 032
16. MASTER YOGESH KRISHNA
AGED ABOUT 17 YEARS
S/O HARIPRASAD SERUGUDI
VENKATASUBRAMANIAN
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: C601, GOPALAN ATLANTIS
ECC ROAD, WHITEFIELD
BENGALURU-560 066
17. MASTER. TANAY PRADEEP
AGED ABOUT 17 YEARS
S/O PRADEEPA KALASAPUR SHIVASWAMY
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: No.226, 8TH MAIN
HAPPY VALLEY LAYOUT
SUBRAMANYAPURA PO
BENGALURU-560 061
18. SRI. ARYAN GUPTA
AGED ABOUT 18 YEARS
S/O ANIL KUMAR GUPTA
RESIDING AT: FLAT No. B 201
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WP No. 2739 of 2025
C/W WP No. 2868 of 2025
AKME BALLET, DODDANEKUNDI
OUTER RING ROAD, MARATHAHALLI
BENGALURU-560 037
19. KUM. AKRUTI PATRO
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. CHINARI CHITTARANJAN PATRO
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: No.3121
PRESTIGE SUNNYSIDE OAK
BACK OF CISCO SYSTEMS (1) PVT. LTD.
BHOGANAHALLI, BELLANDUR PO
BENGALURU SOUTH
BENGALURU-560 103
...PETITIONERS
(BY SRI. YATHISH S., ADVOCATE)
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 SECRETORY
TO THE GOVERNMENT
HIGHER EDUCATION DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560 001
3. KARNATAKA EXAMINATIONS AUTHORITY
REPRESENTED BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU-560 012
...RESPONDENTS
(BY SRI. H. SHANTHIBHUSHAN, DSGI FOR R1;
SRI. M.N. SUDEV HEGDE, AGA FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R3)
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WP No. 2739 of 2025
C/W WP No. 2868 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 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 THE PETITIONERS TO COMPLETE IN THE KCET-
2025 EXAMINATION FOR ENGINEERING AND MEDICAL
FURTHER PARTICIPATE IN 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.
IN WP NO. 2868/2025:
BETWEEN:
KUM. RAMYA VISHNUBHATLA
AGED ABOUT 17 YEARS
DAUGHTER OF SRI. KIRANKUMAR VISHNUBHATLA
SINCE MINOR, REPRESENTED THROUGH
NATURAL GUARDIAN
RESIDING AT: 132, RELIABLE LIFESTYLE LAYOUT
OPP. AMRITA ENGINEERING COLLEGE
HARALURU, BENGALURU-560 102
...PETITIONER
(BY SRI. YATHISH S., ADVOCATE)
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 SECRETORY
TO THE GOVERNMENT
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WP No. 2739 of 2025
C/W WP No. 2868 of 2025
HIGHER EDUCATION DEPARTMENT
VIDHANA SOUDHA, BENGALURU-560 001
3. KARNATAKA EXAMINATIONS AUTHORITY
REPRESENTED BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU-560 012
...RESPONDENTS
(BY SRI. H. SHANTHIBHUSHAN, DSGI FOR R1;
SRI. M.N. SUDEV HEGDE, AGA FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE STATE
OF KARNATAKA (RESPONDENT No.2) AND KARNATAKA
EXAMINATIONS AUTHORITY (RESPONDENT No.3) TO PERMIT
THE PETITIONER TO COMPETE IN THE KCET-2025
EXAMINATION AND FURTHER PARTICIPATE IN 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
2025-26 PURELY ON THE MERIT AND RANKING IN GENERAL
CATEGORY IN THE IMMINENT KCET-2025 EXAMINATION AND
ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
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WP No. 2739 of 2025
C/W WP No. 2868 of 2025
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON’BLE MRS. JUSTICE ANU SIVARAMAN)
The petitioners, who are the aspirants for
participation in KCET examinations, are before this Court
seeking the following directions:
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 the Petitioners
to compete in the KCET-2025 examination for
engineering and medical further participate in
the counseling and selection procedure and
allotment of seats in admission to
engineering, medical, architecture, yoga and
Naturopathy, Veterinay, 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.
b. Issue direction to the Respondent No.1 and 2
Union of India and Karnataka State
government and the Respondent No.3
Karnataka Examination Authority shall take all
steps as are necessary to refund the
additional amount if collected during the
application procedure when compared to
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and effectuate the aforesaid directions,
forthwith and without any delay in the matter,
keeping in view the fast approaching KCET-
2025-26.
c. Order or Direction, permitting the Petitioners
to participate in the online counseling
process, seat selection and allotment of seats
for the year 2025-26 for admission to
engineering, medical, architecture, yoga and
naturopathy, veterinary, farm science,
B.Pharma, and other professional courses as
per the Information Bulletin for Application
Cum Verification Module for Both Government
and Private seats. Annexure-A.
2. It is submitted by the learned counsel
appearing for the writ petitioners that the petitioners are
persons holding foreign passports along with OCI cards. It
is submitted that the provisions in the prospectus issued
by respondent No.3 – KEA states that no candidate shall
be eligible for admission to Government Seats unless he is
a Citizen of India and satisfies any one of the following
conditions. It is further provided that eligibility for OCI /
PIO candidates for Government seats shall be as per the
directions of the Government. Further, it is submitted that
clause 8 of the prospectus provides that no candidates
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shall be eligible for admission to Government Seats unless
he is a citizen of India. It is further submitted that a
notification had been issued by the Central Government on
04.03.2021 providing that rights available to Indian
citizens would not be extended to OCI card holders.
However, it is contended by the learned counsel for the
petitioners that the question with regard to eligibility of
OCI card holders to participate in the selection as citizens
is concluded by the judgment of the Hon’ble Supreme
Court in Anushka Rengunthwar and Others vs. Union
of India and Others reported in (2023) 11 SCC 209. It
was clearly held by the Apex Court that the OCI card
holders would be entitled to rights and privileges which
had been conferred on them earlier to the notification
dated 04.03.2021 and that could be availed by them
notwithstanding the notification.
3. It is contended that in an earlier round of writ
petition before this Court also the eligibility of OCI card
holders for admission to Government seats had been
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considered and it had been held that OCI card holders are
even eligible for admission to Government seats under the
quota set apart in terms of Article 371J of the Constitution
of India. It is submitted that in the instant case the
petitioners are seeking only permission to participate in
the selection to Government seats under the general
quota.
4. Having considered the contentions advanced,
we notice that the judgment of the Apex Court which is
relied on by the learned counsel for the petitioners i.e., in
Anushka Rengunthwar‘s case (supra), covers the legal
issue raised here. Para No.65 and 67 of the said judgment
reads as under:
“65. In the above circumstance, keeping in view, the
object with which the 1955 Act was amended so as to
provide the benefit to Overseas Citizen of India and in that
context when rights were given to the OCI cardholders
through the notifications issued from time to time, based on
which the OCI cardholders had adopted to the same and
had done things so as to position themselves for the future,
the right which had accrued in such process could not have
been taken away in the present manner, which would act as
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notification ex facie does not specify retrospective
operation, since it retroactively destroys the rights which
were available, it is to be ensured that such of those
beneficiaries of the right should not be affected by such
notification. Though the rule against retrospective
construction is not applicable to statutes merely because a
part of the requisite for its action is drawn from a time
antecedent to its passing, in the instant case the rights
were conferred under the notification and such rights are
being affected by subsequent notification, which is
detrimental and the same should be avoided to that extent
and be allowed to operate without such retroactivity.
66 x x x x x.
67. Therefore in the factual background of the issue
involved, to sum up, it will have to be held that though the
impugned Notification dated 04.03.2021 is based on a
policy and in the exercise of the statutory power of a
Sovereign State, the provisions as contained therein shall
apply prospectively only to persons who are born in a
foreign country subsequent to 04.03.2021 i.e. the date of
the notification and who seek for a registration as OCI
cardholder from that date since at that juncture the parents
would have a choice to either seek for citizenship by
descent or to continue as a foreigner in the background of
the subsisting policy of the Sovereign State.”
5. In the above circumstances, we are of the
opinion that the inclusion of the provision in the
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prospectus to the effect that OCI card holders would not
be eligible for admission to Government seats cannot be
countenanced.
6. Learned AGA appearing for respondent No.2 –
State and the learned counsel appearing for respondent
No.3 – KEA also submit that the OCI card holders would be
eligible to participate in the competitive examinations as
also for selection to Government seats as well in terms of
the judgment of the Apex Court. It is submitted that Rule
5 of the Karnataka Selection of Candidates for Admission
to Government Seats in Professional Educational
Institutions Rules, 2006, specially Rule 5 thereof would
have to be appropriately amended to accommodate OCI
card holders also, as being eligible to participate in
selection to Government seats under the Rules in the light
of what is held by the Apex Court in Anushka
Rengunthwar‘s case. It is further submitted that in the
light of the judgment of the Apex Court in Anushka
Rengunthwar‘s case, persons like the petitioners who
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are the OCI card holders will also be considered for
admission to Government seats, provided that they have
all other eligibility as provided in the Rules.
7. The said submissions are recorded.
It is clarified that OCI card holders like the
petitioners will be permitted to participate in the
examination and the selection procedure for Government
seat in KCET-2025 for professional courses. The State
Government and the KEA are directed that to take
appropriate steps to see that the 2006 Rules as well as the
admission brochure are properly amended or clarified to
that effect.
8. The KEA as well as State Government will take
appropriate steps to see that this aspect of the matter is
given wide publicity and web hosted so that OCI card
holders are not disabled from participating in the selection
process.
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The writ petition is accordingly disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR,RAK
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