Gujarat: HC partially quashes NRI quota in private Medical colleges
Ahmedabad: With the government announcing the abolishment of NRI quota in self finance medical colleges of the state, indeed a strong court battle had begun. With the students challenging the validity of the state government's ordinance, it seems that the Gujrat High court have partially bought the arguments of both the sides.
In a judgement, the state high court is reported to have partially set aside the ordinance abolishing 15 per cent NRI quotas in colleges offering medical and dental courses. This it called the violation of the Supreme court order. However, the court also made it clear that from now on, this quota shall be used for genuine NRI students and not to NRI sponsored or NRI dependent students .
The division bench, reports Indian Express led by Chief Justice R Subhash Reddy, ordered that the “ordinance promulgated on June 10 under the nomenclature of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) (Amendment) Ordinance, 2016, is set aside to the extent of genuine NRI/NRI proper i.e. children or wards of the Non-Resident Indian. However, it is made clear that this will not apply either to the NRI dependent or NRI sponsored.”
The court brushed aside the state government’s argument that benefit of such seats is not fully taken by the NRIs. The court said that it is open for the state to amend the law to bring conformity with the judgment of apex court in the case of PA Inamdar by removing the term “dependants” from the definition of NRI seats. But the court, at the same time, said that that itself was no reason at all to remove the NRI quota itself. The Supreme Court had ordered limited reservation, not exceeding 15 per cent, may be given to the NRIs, but only “genuine” and not “dependents or sponsors” of NRIs.
The order would indeed make it tougher for students with money who would buy their way in medical colleges with the help of NRI sponsors. In a shocking revelation a recent report in Ahmedabad Mirror points out that nearly 70 per cent students who get admission through the 15 per cent quota reserved for NRIs are not NRIs. They are local students who manage to get admission on NRI quota with the help of sponsors who can pay fees in foreign currency.
Talking numbers the report pointed out that there are 222 NRI seats in seven medical colleges run by Gujarat Medical Education Research Society (GMERS) and three private self-financed institutes in city. Of these, 67 are occupied by NRI candidates while the rest 155 are occupied by local candidates sponsored by NRIs.
Many have raised their doubts, what would happen to these NRI seats if they are not filled up by genuine NRI candidates. IT still remains to be seen how these seats would be then utilised
In a judgement, the state high court is reported to have partially set aside the ordinance abolishing 15 per cent NRI quotas in colleges offering medical and dental courses. This it called the violation of the Supreme court order. However, the court also made it clear that from now on, this quota shall be used for genuine NRI students and not to NRI sponsored or NRI dependent students .
The Order
The division bench, reports Indian Express led by Chief Justice R Subhash Reddy, ordered that the “ordinance promulgated on June 10 under the nomenclature of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) (Amendment) Ordinance, 2016, is set aside to the extent of genuine NRI/NRI proper i.e. children or wards of the Non-Resident Indian. However, it is made clear that this will not apply either to the NRI dependent or NRI sponsored.”
The court brushed aside the state government’s argument that benefit of such seats is not fully taken by the NRIs. The court said that it is open for the state to amend the law to bring conformity with the judgment of apex court in the case of PA Inamdar by removing the term “dependants” from the definition of NRI seats. But the court, at the same time, said that that itself was no reason at all to remove the NRI quota itself. The Supreme Court had ordered limited reservation, not exceeding 15 per cent, may be given to the NRIs, but only “genuine” and not “dependents or sponsors” of NRIs.
The Implications
The order would indeed make it tougher for students with money who would buy their way in medical colleges with the help of NRI sponsors. In a shocking revelation a recent report in Ahmedabad Mirror points out that nearly 70 per cent students who get admission through the 15 per cent quota reserved for NRIs are not NRIs. They are local students who manage to get admission on NRI quota with the help of sponsors who can pay fees in foreign currency.
Talking numbers the report pointed out that there are 222 NRI seats in seven medical colleges run by Gujarat Medical Education Research Society (GMERS) and three private self-financed institutes in city. Of these, 67 are occupied by NRI candidates while the rest 155 are occupied by local candidates sponsored by NRIs.
Many have raised their doubts, what would happen to these NRI seats if they are not filled up by genuine NRI candidates. IT still remains to be seen how these seats would be then utilised
Our comments section is governed by our Comments Policy . By posting comments at Medical Dialogues you automatically agree with our Comments Policy , Terms And Conditions and Privacy Policy .
Disclaimer: This site is primarily intended for healthcare professionals. Any content/information on this website does not replace the advice of medical and/or health professionals and should not be construed as medical/diagnostic advice/endorsement or prescription. Use of this site is subject to our terms of use, privacy policy, advertisement policy. © 2020 Minerva Medical Treatment Pvt Ltd