MBBS Admissions: SC upholds HC order quashing Widened Definition of NRI Quota

New Delhi: Upholding the order of the Punjab High Court, the Supreme Court recently quashed the Punjab Government's decision to widen the ambit of 'NRI quota' in MBBS admissions to include distant relatives.

Observing the quota expansion to be a "complete fraud" that required to be put to an end, the Apex Court bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra noted that "This is nothing but a money spinning machine."

The Punjab Government had appealed against the HC order dated September 10, through which the High Court had set aside the AAP-led government’s August 20 notification that expanded the NRI seat category to include distant relatives of candidates "such as uncles, aunts, grandparents, and cousins” for admissions under the 15 per cent NRI quota to medical and dental courses in state government colleges."

The top court said distant relatives of a ‘mama, tai, taya,’ who are settled abroad, will get admissions ahead of meritorious candidates and this cannot be allowed.

Also Read: Plea Alleging Misuse of NRI Quota for Admission to Private Medical Colleges Dismissed by HC

Observing that the modifications to the admissions to the State medical colleges came after the prospectus for medical admissions was issued on August 9, the Apex Court bench was quoted noting by Live Law, "We will dismiss this, let us put a lid on this,...we have to put an end to the fraud, the HC order is absolutely right. This NRI Business is nothing but a fraud and look at the way the state of Punjab did this! After the notification of 9th August, on the last date which is August 19- 20th you issue a fresh notification expanding the category "ward".....look at the deleterious consequences, the candidates who have 3 times higher marks will lose admission and all these people will come from the backdoor."

A division bench of the high court had come out with an elaborate judgement setting aside the state government decision to broaden the ambit of NRI quota for admissions in medical colleges in Punjab.

The high court took note of the submissions that the decision to widen the ambit of NRI quota was taken to divert the seats which would have otherwise come to the general category applicants.

"Imparting education is not an economic activity but a welfare-oriented endeavour as the ultimate aim is to achieve an egalitarian and prosperous society in order to bring about social transformation and upliftment of the nation," the HC had noted, PTI has reported.

"Doctrine of merit and fairness cannot be sacrificed only because the students falling in the expanded definition of Non-Resident Indian (NRI) possess financial muscle," the high court had said.

"Capitation fee has totally been prohibited. If the admissions in the expanded NRI category to include non-genuine NRIs are permitted; the prohibition made on charge of capitation fee would serve no higher purpose, as the State/private colleges would be at liberty to reap the benefits by amending the provisions according to their whims, which means accepting it by disguising the process," according to the high court.

Observing that the expansion of 'NRI' definition through the State Government corrigendum was "unjustified for several reasons", the HC bench had noted, "Initially, the ‘NRI Quota’ was intended to benefit genuine NRIs and their children, allowing them to access education opportunities in India. By broadening the definition to include distant relatives such as uncles, aunts, grandparents, and cousins, the core objective of NRI quota is undermined."

"This widening opens the door for potential misuse, allowing individuals who do not fall within the original intent of the policy to take advantage of these seats, potentially bypassing more deserving candidates," it further observed.

However, challenging the HC order, the State appealed before the Supreme Court bench. The counsel for Punjab Government, Senior Advocate Shadan Farasat argued that other States like Himachal Pradesh, Uttar Pradesh had also followed the broader interpretation of the term 'NRI quota'. Moreover, the States have the power to decide as to how 15 per cent NRI quota within the 85 per cent quota for the states has to be granted.

A total of 85 per cent NEET-UG seats in medical colleges are filled up by the states in medical colleges under their jurisdiction, the counsel, who was in favour of the NRI quota, told the bench.

On the other hand, the counsel appearing for the original petitioner before the High Court, Senior Advocate Abhimanyu Bhandari pointed out that the lead petitioner in the present matter has scored 202 out 720 marks, while non-NRI general category candidate scored 637 out of 720 marks. Referring to this, he pointed out how the Constitution Bench in P.A Inamdar "frowned upon the fact that this is nothing but only a way for the people to use money power for people to get in."

Taking note of the matter, the Apex Court bench upheld the High Court order. Referring to the decision in the case of P.A. Inamdar & Ors. v. State of Maharashtra, the CJI reiterated the settled principle of law stating that the seats reserved for NRIs should be bonafide used by genuine NRIs only and in giving admissions under NRI Quota, the element of merit cannot be given a go by.

"We should not lend our authority to something which is a patent fraudulent category," observed the Apex Court bench.

Terming the HC verdict "absolutely right", the top court bench observed, "Look at the deleterious consequences… the candidates who have three times higher marks will lose admission (in NEET-UG courses)."

“This is completely a fraud. And this is what we are doing with our education system!…We will affirm the high court judgement. We must stop this NRI quota business now. The judges know what they are dealing with. The high court has dealt with the case threadbare...Let us put a lid on this…what is this ward? You just have to say that I am looking after X … We cannot lend our authority to something which is blatantly illegal," the Apex Court bench noted.

Also Read: HC Stays Direction to 17 Medical Colleges to Surrender NRI MBBS Seats, Conditions Imposed