- 1 - NC: 2025:KHC:9623 WP No. 3864 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3864 OF 2024 (EDN-RES) BETWEEN: MR. AMIT RAVI MISHRA, S/O RAVI P. MISHRA, AGED ABOUT 18 YEARS, NO.5, PRASAD’S APARTMENT, TF4, 4TH MAIN, 2ND CROSS, KGE LAYOUT, RMV II STAGE, BENGALURU – 560 094. …PETITIONER (BY SRI. SRIKANTH M. P, ADVOCATE) AND: 1. THE KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU – 560 012. REPRESENTED BY ITS EXECUTIVE OFFICER 2. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, M.S.BUILDING, BENGALURU – 560 001. 3. THE DIRECTOR, TECHNICAL EDUCATION, PALACE ROAD, BENGALURU – 560 001 4. THE UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT OF INDIA, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9623 WP No. 3864 of 2024 MINISTRY AND HOME AFFAIRS, NORTH BLOCK, NEW DELHI – 110 001. (IMPLEADED V.C. DATED: 07.02.2024) …RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R-1 SMT. MAMATHA SHETTY, AGA FOR R-2 & R-3 SRI. ADITYA SINGH FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 29.01.2024 VIDE ANNEXRUE-E AND FURTEHR CONSIDER THE CASE OF THE PETITIONER FOR ADMISSION TO ENGINEERING COURSE UNDER GOVERNMENT QUOTA IN ACCORDANCE WITH THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “ a) Direct respondent no.1 to consider the representation dated: 29.01.2024 vide Annexure-E and further consider the case of the petitioner for admission to Engineering Course under Government Quota in accordance with the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006. b) Pass any order of consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.” - 3 - NC: 2025:KHC:9623 WP No. 3864 of 2024 2. On 07.02.2024, this Court passed the following interim order:- Learned counsel for petitioner is directed to implead Union of India as party to writ petition as respondent no.4. Learned counsel for petitioner is permitted to carryout amendment. Sri N.K. Ramesh, learned counsel is directed to accept notice for respondent no.1. Learned AGA accepts notice for respondent nos.2 and 3. Sri Aditya Singh, Central Government Standing Counsel is directed to accept notice for respondent no.4. Learned counsel for petitioner submitted that present writ petition is similar to W.P.no.1529/2024, wherein this Court had granted interim order dated 22.01.2024. Hence, petitioner seeking same relief. In this writ petition, petitioner seeking for a direction to respondent no.1 - Karnataka Examination Authority to consider representation dated 29.01.2024 vide Annexure-E and further consider case of petitioner for admission to Engineering Course under Government Quota in accordance with Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 and etc. In view of same, petitioner (OCI) candidate permitted to file application for KEA Common Entrance Exam-2024 and appear for CET Exams on par with Indian Citizens for both Government and Private seats subject to final outcome of writ petition. List this petition on 15.02.2024. - 4 - NC: 2025:KHC:9623 WP No. 3864 of 2024 3. Learned counsel for the petitioner submits that in pursuance of the aforesaid interim order, the petitioner joined Engineering course and is continuing the same as on today. 4. The short question that arises for consideration in the present petition is as to whether the petitioner who is holder of Overseas Citizen of India Card Holder (OCI) having been born on 14.08.2005 would be affected by the Notification dated 09.01.2024 issued by the 1st respondent - KEA and as to whether the said Notification would be applicable to the petitioner who was admittedly a holder of OCI Card was born prior to the said Notification. 5. The said question / issue is no longer res integra in the light of the judgment of the Apex Court in the case of Pallavi vs. Union of India - 2023 SCC OnLine 1089, wherein it is categorically held that the aforesaid Notification is prospective and would not come in the way of the person born prior to the said Notification dated 09.01.2024, who would be entitled to be selected and admitted to the Engineering course in the Entrance examination conducted by the 1st respondent. - 5 - NC: 2025:KHC:9623 WP No. 3864 of 2024 6. In view of the aforesaid facts and circumstances and the interim order passed by this Court referred to supra and the judgment of the Apex Court in Pallavi's case supra, I deem it just and appropriate to dispose of this petition holding that the Notification dated 09.01.2024 would not apply to the petitioner and he is legally entitled to get admitted to the Engineering course and would be entitled to complete the same in accordance with law. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.