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2) to declare that the petitioner is eligible and entitled to participate in the seat selection and counselling process of CET-2017 and entitled to secure admission to Government seats in Medical/Dental Courses in various Government/Private Medical/Dental Colleges in Karnataka."

2. The brief facts of the case are that the petitioner is an Overseas Citizen of India (OCI) and has completed his X and XII Standard CBSE Examination from National Public School, Koramangala, Bengaluru. The Karnataka Examinations Authority (KEA) has invited online applications on 03.06.2017 for registering for CET-2017 for Medical/Dental counseling from those who have appeared for NEET-2017. However, a condition has been imposed that only a Citizen of India is eligible to apply based on Rule 5 of the Admission Rules of 2006. Hence the Petitioner is unable to login to the KEA website and register for CET-2017 to participate in Medical/Dental counseling for seat selection process for Government seats in Government/Private Medical/Dental Colleges in Karnataka. Though the Petitioner is a US Citizen, he was brought up in India and has been studying in India for the past more than 12 years from nursery to XII standard. The KEA has allowed students of OCI category to submit online applications during the previous year for CET- 2016. Further, this year, this Hon'ble Court has permitted OCI students to participate in the seat selection process in CET- 2017. The condition imposed that only Citizens of India can apply during the present year for CET-2017 is arbitrary and discriminatory. Hence the Petitioner has filed the above writ petition challenging the validity of Rule 5 of the Admission Rules.

3. Heard learned counsel for the petitioner, learned AGA for respondent No.1, Sri N K Ramesh, learned counsel for respondent No.2 and K S Bheemaiah, learned counsel for respondents No.3 and 4.

4. The petition pertains to admission of students of OCI in the Government quota for the batches prior to 2021 more specifically the batches of 2017-18 and 2019-20.

5. It is the contention of learned counsel for petitioner that Rule 5 of the Admission Rules and clause 4(1) of the brochure at Annexure-B is illegal, arbitrary, discriminatory, unreasonable, capricious and violative of Articles 14 and 15 of the Constitution of India and the provisions of the Indian Citizenship Act, 1955 (for short 'the Act').

5.1 It is his further contention that the persons registered as OCI are eligible to appear for NEET-2017 and are also eligible for 15% All India Quota Medical seats. The other states like Kerala, Telangana and Maharashtra have held that OCI to be treated on par with Indian Citizens for the purpose of admission.

5.2 In view of the above, he contends that Rule 5 of the Admission Rules is illegal, discriminatory and arbitrary. Therefore, the same requires to be struck down. He further contends that Rule 5 of the Admission Rules is contrary to the provisions of the Indian Citizenship Act and Indian Medical Council Act, 1956. He also adds that the Central Government has amended the Citizenship Act and inserted Sections 7-A, 7- B, 7-C and 7-D by Act 6 of 2004 with effect from 03.12.2004 which is now being substituted by Act 1 of 2015 with effect from 06.01.2015.

5.3 The sum and substance of his arguments is that the persons registered as OCI under the Act have all the rights and are entitled to all benefits conferred on Indian Citizens and that the persons registered as OCI would have to be treated on par with Indian Citizens for all practical purposes except for few limited purposes. He further contends that respondent No.3 has issued a Gazette Notification dated 05.01.2009 clearly stating that the persons registered as OCI under 7-A of the Act shall be entitled parity with NRIs to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant acts.