NRI quota NOT for Government Medical Colleges: Rajasthan HC Stays DME Order
Jaipur: In a major development, the Rajasthan High court has stayed the 15% NRI Quota that was proposed by the state government to be implemented in its government medical colleges.
The stay order came in response to the petition filed by a private medical university that challenged the recent notification stating that the Directorate of Medical Education does not have the Authority to issue directions relating to NRI Quota. It was further submitted that quota is essentially meant for Private Institutions in terms of the judgment passed by the Supreme Court from time to time.
Medical Dialogues had recently reported about the notification of the State Directorate of Medical Education that called for Government medical colleges in Rajasthan offering MBBS seats in the NRI quota category.. For the entry of NRI quota, the fee of the US $ 1.05 million has been finalised. The fees will see an annual increment of 5 percent each year, the notice added.
Through the notification, the Medical Education Department implemented the decision of the cabinet in 2014-15 and announced the process of entering 15 percent NRI quota in three medical colleges.
In 2015, the government had allowed 15% NRI quota even in government medical colleges. It was decided that after the academic session 2014-15 if the MBBS seats will increase in the government medical college, 15% out of the increased seats will be filled by NRI quota.
The court stayed the NRI quota in government medical colleges till further order.
The stay order came in response to the petition filed by a private medical university that challenged the recent notification stating that the Directorate of Medical Education does not have the Authority to issue directions relating to NRI Quota. It was further submitted that quota is essentially meant for Private Institutions in terms of the judgment passed by the Supreme Court from time to time.
Medical Dialogues had recently reported about the notification of the State Directorate of Medical Education that called for Government medical colleges in Rajasthan offering MBBS seats in the NRI quota category.. For the entry of NRI quota, the fee of the US $ 1.05 million has been finalised. The fees will see an annual increment of 5 percent each year, the notice added.
Through the notification, the Medical Education Department implemented the decision of the cabinet in 2014-15 and announced the process of entering 15 percent NRI quota in three medical colleges.
In 2015, the government had allowed 15% NRI quota even in government medical colleges. It was decided that after the academic session 2014-15 if the MBBS seats will increase in the government medical college, 15% out of the increased seats will be filled by NRI quota.
Challenging the decision of NRI quota, a private medical university approached the HC. The petitioner,Mahatma Gandhi University Of Medical Sciences And Technology submitted that the Directorate of Medical Education does not have the Authority to issue directions relating to NRI Quota. It was further submitted that quota is essentially meant for Private Institutions in terms of the judgment passed by the Supreme Court from time to time.
Further the counsel for the petitioner submitted that the order dated 24.08.2011 had laid down the definition of NRI and Ward in terms of the recommendations of the Permanent Committee which has been superseded by the impugned order without any such recommendation from the said Committee and is thus unjustified and prays to restrain the operation of order dated 29.04.2019.
The court after hearing the arguments found some merit in submissions
Considering the submissions made at Bar, this Court prima facie finds that NRI Quota is essentially meant for Private Institutions and has to be filled in accordance with guidelines if any to be laid down by the Permanent Committee formed for the purpose of admission in Private Medical Institutions in terms of judgment passed by the Supreme Court in Islamic Academy of Education & Anr. Versus State of Karnataka & Ors. (supra) as noted above. NRI Quota for State Government Institutions is also not available in terms of the judgment passed by the Supreme Court and it appears that prima facie State Government has taken upon itself to fill NRI Quota by the order dated 29.04.2019 which goes contrary to law laid down in T.M.A. Pai Foundation & Ors. Versus State of Karnataka & Ors., (2002) 8 SCC 481.
The court stayed the NRI quota in government medical colleges till further order.
In the meanwhile, the process of admission for NRI Quota in terms of the order dated 29.04.2019 shall remain stayed. No admissions in NRI Quota shall be made till the next date.
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