Rajasthan High Court has recently observed that NRI quota is not available in State Government institutions.
In the instant case, writ petition was filed by the Mahatma Gandhi University of Medical Sciences and Technology assailing a notification issued by the Director of Medical Education regarding NRI Quota contending that the DME does not have any authority to issue directions regarding the NRI quota.
The Counsel for the petitioner drew attention to the fact that NRI Quota is being also provided in Government Institutions by the State by the impugned order. He further submitted that guidelines which have been laid down under the said order were only meant for deemed universities alone as per Supreme Court's judgment passed in the case of Consortium of Deemed Universities in Karnataka (CODEUNIK) & Anr. Vs. Union of India & Ors., W.P. (C) No.689/2017 decided on 22nd August, 2017 and the same could not be extended to statutory universities like the petitioner. In view of the decision of the High Court in the case of Vipul Garg Vs. State of Rajasthan (D.B. Civil Writ Petition No.4862/2003) and in terms of the order passed by the Supreme Court in the case of Islamic Academy of Education & Anr. Vs. State of Karnataka & Ors. (2003) 6 SCC 697, the criteria for admission to NRI seats can be best laid down by the Permanent Committee formed by the Government. The definition of who an NRI and Ward was has been has been superseded by the impugned order without any recommendations from the Permanent Committee and the same is unjustified.
Considering the aforementioned submissions Justice Sanjeev Prakash Sharma held that, prima facie, the 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.
Noting that NRI Quota is not available in State Government institutions, the Court found the State Government's move to fill NRI Quota by the impugned order, contrary to the law laid down in T.M.A. Pai Foundation & Ors. Vs. State of Karnataka & Ors. (2002) 8 SCC 481.
The Court directed the issuance of notice in the instant case and also stayed the admission in the NRI Quota in pursuance of the impugned order.
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