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Supreme Court reserves order in plea seeking fresh registration of NRI NEET candidates
New Delhi: The Supreme Court is soon going to take a call on the plea seeking time for fresh registration of NRI candidates before the mop-up round of NEET counselling as the top court bench reserved the order in the plea on Thursday.
A Division bench of Supreme Court, comprising of Justices DY Chandrachud and Bela Trivedi reserved the order after all the parties- the State of Kerala, the NRI students and the Kerala Private Medical College Management Association- concluded their arguments in the case.
Medical Dialogues had earlier reported that some NRI students had recently approached the Supreme Court seeking time for fresh registration before the mop-up round of NEET counselling. Apart from issuing notice in the matter, the top court had also directed the State of Kerala to inform the court about the unfilled vacant seats after the mop-up round.
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.
During the last hearing of the case, the top court bench had 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.
As per the latest media report by Live Law, during the hearing of the case, the counsel for the State of Kerala, Senior Advocate Jaideep Gupta informed the bench about three categories in which the students were divided. He submitted that at the Mop Up round, 4 candidates who had applied for the Mop Up Round of counselling were required to indicate the category for which they were applying.
"State is not telling what the law is. 11 Judges in TMA Pai, 7 in Inamdar, 3 in modern dental have unequivocally held that NRI seats are not to be filled by state quota and the management is supposed to fill the seats. This is a common misunderstanding on part of the state & state prospectus does not provide for conversion of seats. NRI seats are created by law under art 142 and the state is bound by that by virtue of 141. It's sad that the state has taken law into their own hands," submitted Advocate Dave.
Advocate Dave further blamed the State Prospectus for consisting "adhocism" and submitted, "Even if admissions are made contrary to requirement, students need to go. State has no power or jurisdiction & state admits it in the prospectus. There are adhodicms in Kerala prospectus."
To read the court order, click on the link below.
https://medicaldialogues.in/pdf_upload/supreme-court-nri-order-reserved-175804.pdf
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.