NEET Admissions : Supreme Court Asks Kerala To Carry Out Fresh Verification Of NRI Claims Of 38 Students

While considering a petition filed by NRI students seeking time for fresh registration in the NRI quota before commencement of the NEET Mop-Up counseling in the State of Kerala for MBBS admissions, the Supreme Court on Friday asked the State to carry out a fresh exercise of verification for the 38 NRI candidates claiming admission. The bench of Justices DY Chandrachud and Hima Kohli issued the directions to ensure that the proper verification is carried out with regards to the admission of the NRI candidates. The bench was considering a Special Leave Petition assailing Kerala High Court's order dated April 8, 2022 which dismissed the writ appeal preferred by Kerala Private Medical College Management Association ("KPMCMA") and upholding single judge's order of refusing to grant time.The Supreme Court in the order passed yesterday stated : "Out of the 38 petitioners who claim admission as NRI, it is common ground that 7 candidates were in the NRI category list which was originally published by the CCE on January 31, 2022. As for the rest, the submission of the state is that: 12 candidates lack proper documentation and 19 had not claimed NRI status. As regards the seven candidates, who were in the original list of NRI candidates, Mr Jaideep Gupta, senior counsel appearing for the respondents stated that though four of them had registered their options for NRI seats in self-financing colleges, they did not furnish their options for the mop up round after the issuance of the notification dated 26 March 2022. In order to controvert this submission, Mr Huzefa Ahmadi, senior counsel appearing on behalf of the petitioners has drawn the attention of the Court to the fact that the option in regard to petitioner No 2 was uploaded on 28 March 2022. Senior counsel states that similar options are available in respect of each of the other candidates forming a part of the seven candidates referred to above and perhaps in respect of others. Mr Ahmadi states that he will furnish the necessary material in support to Mr Jaideep Gupta so that it can be believed.In order to ensure that a proper verification is carried out, we request Mr Jaideep Gupta, senior counsel to ensure that a fresh exercise of verification is carried out in regard to the status of these candidates who claimed as NRI candidates and to place the result of verification on the record in the form of an affidavit. The affidavit shall be exchanged on or before the next date of listing".The petitions will be heard next on May 4. In the impugned judgment, the High Court division bench bench headed by Chief Justice S Manikumar had said, "Since it has been pointed out that the last date for admission for MBBS course is today 08.04.2022, as per the directions issued by the National Medical Commission, the appellants cannot be given liberty to grant time for fresh registration in NRI quota. We find that sufficient time was granted to the NRI quota candidates to exercise their option. Ext. P2 list was published as early as on 24.12.2021. Therefore, the same can only mean that no eligible NRI candidate is available to exercise option. We are not inclined to grant any relief to the appellants." Submissions Of Counsels NRI Seats Are Inviolable, Sacrosanct & Cannot Be Touched; Kerala Has No Power To Touch These Seats: Senior Advocate Dushyant Dave Appearing for the Kerala Private Medical College Management Association ("KPMCMA"), Senior Advocate Dushyant Dave commenced his submissions by contending the right to establish medical institutions and the right to admit students has been considered by the Top Court in various judgements and that there has been cap only with regards to the capitation fees. He also referred to the Top Court's judgment in TMA Pai Foundation wherein the High Court while dealing with the sustainability of institutions with regards to the fees had observed that institutions will have the right to admit NRI students upto 10-15%. Against this backdrop, Senior Counsel said, "Rationale behind this was important... that by charging the fees institutions will be able to subsidize the students coming from reserved categories and that was the rationale. Now this has been held that these seats are inviolable, sacrosanct and cannot be touched. Kerala has no power to touch these seats. It is the law declared by this court which governs the NRI seats." He further said, "Clause 5.5.4 of the prospectus says that in case any quota is left unavailable, it will go to the prohibited category and the special category is the army." "Why did you flip the quota? These seats provide sustainability to the institutions," Justice DY Chandrachud asked Senior Advocate Jaideep Gupta, appearing for the State of Kerala. Responding to the remarks posed by the bench, Senior Advocate Jaideep Gupta said that the proposition was coming only now. Urging the Court to even hear the National Medical ...

NEET Admissions : Supreme Court Asks Kerala To Carry Out Fresh Verification Of NRI Claims Of 38 Students

Shruti Kakkar

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