'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions

In a major relief to the students who appeared for NEET (UG) 2024 and secured admission to the medical colleges in the state of Chhattisgarh 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 (under the NRI quota) who are already taking classes. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that the state government's notice (October 18, 2024), which sought to put at stake admissions of NRI quota students who were admitted to their respective medical colleges after September 24, 2024, was discriminatory and 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 29 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”, the division bench observed as it quashed the notice impugned. Case in brief On October 18, the State Government's Department of Medical Education issued an order stating that admission to the MBBS/BDS Court under the NRI quota taken before September 24, 2024, will be kept intact. In contrast, the notice said that admissions taken after that date (September 24) will be scrutinised, given the order passed by the Supreme Court on September 24, 2024 and if the candidates are found ineligible, their admission will be cancelled. To explain this further, the impugned notification said that candidates who took admission after September 24, 2024 and who are real NRIs, as per the definition given by the Supreme Court, should get their documents scrutinized. It added that if candidates who have secured their admission under the NRI quota do not appear for document verification or are not real NRIs as per the definition of the Supreme Court, their admission will be cancelled. As is evident from the notification, this notice was issued in light of the apex court's order dismissing 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. Interestingly, the said notice was issued despite the fact that the Apex Court had not laid down any criteria as to who was a real NRI. [For context, the Punjab Government broadened the meaning of NRI candidate, bringing into its fold distant relatives of candidates such as uncles, aunts, grandparents and cousins, and this inclusion was made after the deadline for submitting the admission form. This action of the State was turned down by the Punjab & Haryana High Court, which deemed it 'unjustified' as it defeated the original purpose of NRI Quota - to give genuine NRIs a chance to come to India to study. The appeal preferred by the State before the Supreme Court was also dismissed] Now, challenging this order of the state medical education department, around 40+ students who secured admission under the NRI quota filed separate petitions 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. They registered and participated in the counselling rounds and secured seats in the colleges, and now, their classes have also started. However, the state government's notification would now adversely affect their interests. Their counsel argued that admission to NEET UG 2024 was made strictly in accordance with the procedure and criteria as prescribed under the Admission Rules 2018, whose rule 13 prescribes the criteria of NRI quota. Since the petitioners fulfilled the criteria as prescribed, their admission to the respective Colleges of their choice was approved. Against this backdrop, it was contended that the 2018 Rules were not violated or deviated from while granting admission to the petitioners. As such, after the entire admission process is completed, any change (proposed to be made vide notice dated October 18, 2024) that is alien to the existing rules cannot be allowed to prevail. In short, the petitioners' entire case was that once they qualified for NEET UG 2024 under the Admission Rules 2018, which remain in effect to date, any deviation from these rules (sought to be done by the impugned notice of October 18) will render the admissions process void and illegal. State's contention It was the entire case of the state government that since clause II(e) of the modified provisions (which was stuck down by the Punjab & Haryana High Court is identical to that of 13(l)(1) of the Admission Rules, 2018 (under which the admissions were...

'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions

Sparsh Upadhyay

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