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Carry out fresh verification of MBBS aspirants who claimed as NRI Candidates: SC tells Kerala
New Delhi: In the latest update regarding the Supreme Court hearing on the NRI students' plea seeking time for fresh registration before the NEET Mop-up round, the top court bench has directed the State of Kerala to carry out a fresh verification regarding the status of the NRI MBBS candidates and submit the report before the court.
Directing the Senior counsel Mr. Jaideep Gupta to comply with the directions and submit an affidavit in this regard, the top court bench comprising of Justices DY Chandrachud and Hima Kohli listed the matter for further hearing on May 4, 2022.
"In order to ensure that a proper verification is carried out, we request Mr Jaideep Gupta, senior counsel to ensure that a fresh exercise of verification is carried out in regard to the status of these candidates who claimed as NRI candidates and to place the result of verification on the record in the form of an affidavit. The affidavit shall be exchanged on or before the next date of listing," mentioned the order.
Such directions came from the bench after it took note of the fact that among the 38 petitioners, it was common ground that seven candidates were in the NRI category list which was originally published by the CCE on 31 January 2022. As for the rest, the submission of the State was that (i) twelve candidates lacked proper documentation; and (ii) nineteen candidates had not claimed NRI status.
As regards the seven candidates, who were in the original list of NRI candidates, Mr Jaideep Gupta, senior counsel appearing for the respondents stated that though four of them had registered their options for NRI seats in self-financing colleges, they did not furnish their options for the mop up round after the issuance of the notification dated 26 March 2022.
When the matter reached the Supreme Court, the counsel for the petitioner students pointed out that 46 seats belonging to NRI quota were lying vacant and as per the rules those seats cannot be converted to any other category.
The top court had issued notice in the matter and directed the State of Kerala to inform the court about the unfilled vacant seats after the mop up round.
However, during the last hearing, the Status Report revealed that "out of 38 petitioners only 7 candidates figured in NRI Category List , 12 were excluded, 19 did not claim any quota and none had given option to any of the NRI in the mop up rounds. Total of 45 NRI seats were converted."
On the other hand, the counsel for the Association had claimed that the State had misguided the Court. At this outset, the top court bench had responded by saying, "The State has taken a categorical stand about the eligibility of the NRI candidates. If the government did something illegal you can pursue your claim against them personally. How do we cancel admission, there will be human tragedy. It will be a tragedy for us to say that."
During the hearing of the case on Friday, the counsel for the Association, Senior Advocate Dushyant Dave referred to several Supreme Court judgments where the right to establish medical institutions and the right to admit students has been considered and the cap has only been there regarding capitation fees. Referring to the top court judgment in the case of TMA Pai Foundation he submitted that the Private institutes have their right to admit NRI students up to 10-15%.
Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.