Chhattisgarh HC Quashes State's NRI Quota Rule for MBBS Admissions
Bilaspur: Granting relief to the medical aspirants who cleared the National Eligibility-Entrance Test Undergraduate (NEET-UG) 2024 exam this year and secured admission to the medical colleges in the State under the NRI quota, the Chhattisgarh High Court has set aside an order of the State Medical Education Department adversely affecting the admissions of such students.
Through a notice dated October 18, 2024, the State Government put the admissions of NRI quota students, who were admitted to their respective colleges after September 24, 2024, at stake. It was stated in the notice that MBBS/BDS admissions under the NRI Quota admissions will be kept intact if they were made before September 24. However, the admissions made after September 24 would be scrutinised considering the recent order passed by the Supreme Court and if such candidates were found ineligible, their admission would be cancelled.
However, the HC bench of Chief Justice Ramesh Sinha and Justice Bibhu Dutta opined that the concerned notice was discriminatory as it amounted to playing with the future of the students.
"The impugned communication dated 18.10.2024 and the notice dated 18.10.2024 (Annexure P/1 collectively to WPC No. 5322/2024) is discriminatory as, on the hand, it allows to continue with the studies to those candidates who have been admitted before 24.09.2024 and the candidates who have been admitted after 24.09.2024, their admissions have been put at stake, which amounts to playing with the future of the candidates which cannot be permitted and as such, the impugned communication as well as the impugned notice (both dated 18.10.2024) are quashed," observed the HC bench.
The State issued the impugned notification after completion of the second round of counselling and after the NRI quota candidates had commenced their classes. In the notice, the authorities mentioned that the candidates who were admitted after 24.09.2024 and who were the real NRIs, as per the definition given by the Supreme Court, should get their documents scrutinized. Further, the notice mentioned that if the students who have secured NRI quota MBBS admission do not appear for document verification, or if they are not real NRIs as per the Apex Court's order, their admissions would be cancelled.
Chhattisgarh Government authorities issued the notice after the Supreme Court dismissed the challenge to the Punjab and Haryana High Court's quashing of the Punjab Government's notification to broaden the ambit of NRI quota in medical admission.
Medical Dialogues had earlier reported that upholding the Punjab High Court, the Supreme Court bench had referred to Punjab Government's decision to widen the ambit of 'NRI quota' as a "complete fraud". The Apex Court bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra had 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."
Although the Apex Court bench had quashed the Punjab Government's challenge, it had not specified any criteria as to who was a real NRI. Despite this, the Chhattisgarh Government issued the impugned notice.
Therefore, challenging the State's order, more than 40 students who had been admitted to the MBBS course under the NRI quota had filed separate pleas before the Chhattisgarh High Court. They claimed that they had successfully passed the NEET UG 2024 and applied for MBBS/BDS admissions under the NRI quota. Consequently, they participated in the counseling process and were allotted seats in medical colleges. Their classes also started. At such a context, the State Government's notification would adversely affect their interests.
The counsel for the petitioner students argued that NEET UG 2024 admissions were strictly made in accordance with the procedure and criteria as prescribed under the Admission Rules 2018, whose rule 13 prescribes the criteria for NRI quota. It was contended that since the petitioners fulfilled the prescribed criteria, their admission to the respective college of their choice was approved.
Further, the counsel pointed out that while granting admission to the petitioner students, the 2018 Rules were not violated and now after the completion of the entire admission process, any changes, proposed under the noticed dated October 18, 2024, that is alien to the existing rules cannot be allowed to prevail.
On the other hand, the State Government argued that since clause II(e) of the modified provisions (which was struck down by the Punjab and Haryana High Court) was identifical to 13(l)(1) of the Admission Rules, 2018 (under which the admissions were given to distant relatives of the NRIs in the State of Chhattisgarh), once the Supreme Court upheld the Punjab and Haryana High Court's order, it had to be applied across the country.
Further, the State Counsel argued that by issuing the impugned notice, it only attempted to grant admission to the candidates who are the actual descendants of the NRIs and not to those who were earlier granted the benefit, as provided in 13(l)(1) of the Admission Rules, 2018.
Finally, it was submitted that consider the Article 141 of the Indian Constitution, dismissal of the SLP amounted to the affirmation of the Punjab and Haryana High Court's order and it would be eventually a binding precedent for the entire country and because of this, the State Medical Education Department issued the concerned notice.
Observations made by the HC bench:
While considering the matter, the HC bench note that MBBS/BDS admission in Chhattisgarh is governed by the Admission Rules 2018 which is a statutory rule and having force of law. The definition of the NRI has been prescribed under Rule 2(l) of the Admission Rules, 2018. The eligibility and documents required for admission under the said NRI quota is provided under Rule 13 of Admission Rules 2018 and the petitioners fulfill the said criteria as they have been issued confirmation letter which obviously would have been issued only after checking their credentials.
"Neither there has been any violation nor any deviation of the said rules which is in existence while granting the admission to the petitioners and, as such, after completion of the entire admission process any change which is foreign to the existing rules can not be allowed to prevail," noted the HC bench.
Further, the Court dealt with the question of whether the State can differentiate between the candidates who have been granted admission under the NRI quota before September 24, 2024 and after September 24, 2024, considering the Supreme Court order issued on the said date and whether the Punjab and Haryana High Court's order would apply in Chhattisgarh merely because an SLP preferred against the same has been dismissed by the Apex Court.
In this regard, the State noted that the Supreme Court's order had no bearing on the Admission Rules of 2018 and neither the Apex Court has laid down any ratio or defined as to who should be treated as NRI and who can be granted admission under the NRI quota in the medical colleges. "The Admission Rules of 2018 still holds the field in the State of Chhattisgarh as they have neither been amended nor cancelled nor modified," the HC bench noted at this outset.
"There is no disagreement with regard to the ratio laid down by the Apex Court in a catena of decision that rule of the game cannot be changed after its commencement. The petitioners had appeared in the NEET UG 2024 examination and secured their position as qualified candidates. At the time of their admission, the Admission Rule 2018 was in force and still remains as it is, therefore, the case of the petitioners would be governed by the Admission Rules, 2018 and there can be no deviation from that," it further observed.
The HC bench also held that the State cannot discriminate candidates fulfilling the same qualification/eligibility criteria merely on the basis of passing of a judgment by another High Court wherein another admission rules/provisions were under challenge and the Apex Court had merely dismissed the Special Leave Petition against the said judgment, in limine and not on merits.
"The same cannot be a binding precedent on the State of Chhattisgarh where altogether different rules i.e. Admission Rules of 2018 is in existence. The definition of NRI has been discriminated on the basis of cut off date i.e. 24.09.2024 when the Apex Court had dismissed the SLP against the order of the Punjab & Haryana High Court, in limine," opined the High Court.
Accordingly, the bench held that "The candidates standing on the same footing cannot be measured by two different yardstick on the basis of cut of date i.e. 24.09.2024. It is hit by the principles of intelligible differentia. The definition of NRI has been considered differently for the two set of candidates i.e. the candidates who have taken admission prior to 24.09.2024 have been considered differently from the candidates have taken admission after admission prior to 24.09.2024 and after 24.09.2024. Applying these two different yard stick is arbitrary and illegal."
Addressing the judgment in question issued by the Punjab and Haryana High Court in CWP No. 20788/2024, the Chhattisgarh HC bench held that it does not have any binding effect on the State of Chhattisgarh as the dismissal of the SLP against the said order by the Apex Court, was merely a dismissal in limine and not on merits. Even otherwise, no law has been laid down or any order has been passed as to who should be given the admission under the NRI quota.
Referring to the judgment of the Constitution Bench in the case of P.A. Inamdar (supra), which was passed in 2005, the HC bench noted that the concerned order clarified as to who should be treated as the NRI and who should be given the seats under the NRI quota.
"...the State of Chhattisgarh has not bothered to take any steps to formulate any rule/policy with regard to grant of admission to the candidates under the NRI seats and in the year 2018 also, the State has come up with the Admission Rules, 2018 which also does not prohibit the relatives other than the actual real descendants of the NRI and in such a situation, taking shelter of an order which was passed by the Punjab & Haryana High Court, the admission which has already been granted to the petitioners, cannot be taken back," it opined while quashing the State's notification.
To view the HC order, click on the link below:
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