Mr Amit Ravi Mishra vs The Karnataka Examination Authority
2025 Latest Caselaw 4761 Kant

Karnataka High Court

Mr Amit Ravi Mishra vs The Karnataka Examination Authority on 6 March, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                  -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
Digitally signed by
LEELAVATHI S R
                    2.     STATE OF KARNATAKA
Location: High
Court of                   BY ITS PRINCIPAL SECRETARY
Karnataka                  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,
                                    -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."

NC: 2025:KHC:9623

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.

NC: 2025:KHC:9623

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.

NC: 2025:KHC:9623

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.