- 1 - HC-KAR NC: 2025:KHC:34729-DB WP No. 8202 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.8202 OF 2025 (EDN-RES) BETWEEN: MUKUL PRAVIN KHAMAYACHA MINOR, AGED 17 YEARS S/O. PRAVIN SUKHANAND KHAMAYACHA 102, D WING, SV REGENCY, HINKAL RING ROAD, VIJAYANAGAR 2ND STAGE MYSURU-570 017 REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN PRAVIN SUKHANAND KHAMAYACHA …PETITIONER (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001. 2. DIRECTORATE OF TECHNICAL EDUCATION K.R. CIRCLE DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS DIRECTOR. 3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESWARAM BENGALURU-560 012 Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34729-DB WP No. 8202 of 2025 REPRESENTED BY ITS EXECUTIVE DIRECTOR. 4. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS MAJOR DHYAN CHAND NATIONAL STADIUM INDIA GATE NEW DELHI - 110 001. …RESPONDENTS (BY SRI SUDEV HEGDE, AGA FOR R-1 AND R-2; SRI N.K. RAMESH, ADVOCATE FOR R-3; SRI SADANA S. DESAI, CGC FOR R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTIFICATION AT ANNEXURE-C ISSUED THE 3RD RESPONDENT KARNATAKA EXAMINATIONS AUTHORITY (KEA) DATED 22-1-2025 AT ANNEXURE-C IN NO.ED/KEA/ADMN/CR-02/2025-26 IN SO FAR AS IT RELATES TO CLAUSE 7 OF THE SAID NOTIFICATION WHICH STATES THAT ELIGIBILITY FOR OCI/PIO CANDIDATES FOR GOVERNMENT SEATS SHALL BE AS PER THE DIRECTIONS OF THE GOVERNMENT AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:34729-DB WP No. 8202 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The petitioner is an Overseas Citizen of India(OCI). He holds a card to that effect. The petitioner has been studying in Karnataka throughout and has completed his Class-X Standard examination from Mysuru, Karnataka. The petitioner has also cleared his +2 PUC examination from Pre-University Board. The petitioner is aggrieved by the notification issued by Karnataka Examinations Authority(for short 'KEA') for admission to the Professional Courses in the State of Karnataka for the year 2025-2026. Under Clause 7 of the notification dated 22.01.2025 issued by Karnataka Examinations Authority, it is prescribed that no candidate shall be eligible for admission to Government seats, unless he is citizen of India and satisfies any one of the eligibility condition specified therein. The candidates who have not qualified the eligibility criteria are not liable for admission to professional courses under Government seats through KEA. Eligibility for OCI/PIO candidates for Government seats shall be as per the direction of the Government. - 4 - HC-KAR NC: 2025:KHC:34729-DB WP No. 8202 of 2025 2. Learned counsel for the petitioner submits that the Supreme Court in its judgment dated 03.02.2023 passed in W.P.(Civil) No.89/2021 and connected matters in Anushka Rengunthwar and Others Vs. Union of India and Others, (2023) 11 SCC 209 has held that OCI cardholders who were born before notification dated 04.03.2021 issued by the Central Government and who have registered themselves as OCI Cardholders, they should be treated as Indian Citizens before the date of notification dated 04.03.2021. The petitioner was born before 04.03.2021, inasmuch as, his date of birth is dated 29.11.2007 and he has to be treated as Indian citizen and clause 7 of the notification to that extent is against the judgment by the Supreme Court in Anushka Rengunthwar case supra. 3. Sri. N.K. Ramesh, learned counsel appearing for respondent No.3-KEA does not dispute the fact that the judgment of the Supreme Court is binding on KEA as well as well as on all authorities of the Centre and State as per Articles 141 and 144 of the Constitution of India. - 5 - HC-KAR NC: 2025:KHC:34729-DB WP No. 8202 of 2025 Articles 141 and 144 of the Constitution of India read thus:- 141. Law declared by Supreme Court to be binding on all courts.- The law declared by the Supreme Court shall be binding on all courts within the territory of India. 144. Civil and judicial authorities to act in aid of the Supreme Court.- All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. 4. We have taken note of the submissions advanced on behalf of Sri. Sudev Hegde, learned Addl. Government Advocate, appearing for respondent Nos.1 and 2. He submits that the Government has framed the rules in tune of the Judgment of the Supreme Court in Anushka Rengunthwar case supra. He further submits rules have however, not yet been notified. 5. Once the Supreme Court has decided the issue that the OCI cardholders/persons having OCI card and who were - 6 - HC-KAR NC: 2025:KHC:34729-DB WP No. 8202 of 2025 born before 04.03.2021 should be treated as Citizens of India for the purpose of admission etc., clause 7 of the notification to that extent is against the judgment of the Supreme Court. Therefore, we direct the respondent No.3-Karnataka Examinations Authority to amend its notification/prospectus for the next year onwards in the light of the Supreme Court's judgment in the case of Anushka Rengunthwar case supra, providing that the OCI cardholders who were born before 04.03.2021 shall be treated on par with the Indian citizens for the purpose of admission in professional courses against the Government seats. 6. With the aforesaid directions, we allow this writ petition with no costs. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 33