The Supreme Court on Tuesday upheld the Punjab and Haryana High Court order quashing a notification by Punjab government that widened the definition of an NRI candidates by allowing their nearest relatives to be considered under the quota to MBBS admissions.
"We must stop this NRI quota business now! This is complete fraud and this is what we are doing to our education system!" CJI Chandrachud said.
Justice JB Pardiwala who was also part of the three judge bench remarked that those taking the benefit from NRI quota are actually In India, and they are just related to NRIs through relations like "Mama, Maasi, taayi, tau, chacha, chachi...!" (Aunts and Uncles or other distanced relatives who are NRI).
To increase the admissions under the NRI quota seats in MBBS and BDS courses, the Punjab government had issued a notification modifying provisions to widen the definition of an NRI candidate allowing their nearest relatives to be considered under the quota.
The notification read that actual NRIs or their children who originally belong to the state of Punjab and actual NRIs or their children who originally belonged to an Indian state or union territories other than Punjab are eligible for NRI quota seats. However it added that if in case the seats of NRIs are left vacant after considering the above preferences then the candidates who are the ward or nearest relation of NRI shall also be considered under NRI quota seats.
The Punjab And Haryana High Court had quashed this notification. Today, a bench headed by CJI DY Chandrachud said that the High Court has correctly quahed the notification.
"This fraud must come to an end...we have to put an end to the fraud, the High Court order is absolutely right....look at the deleterious consequences, the candidates who have 3 times higher marks will lose admission. The central govt must fall in line....peculiar facts must follow some principles of law, we will lay down the principles of law," CJI DY Chandrachud said while dismissing the plea challenging the high court order.
The high court while setting aside the new notification had observed that by broadening the definition to include distant relatives such as uncles, aunts, grandparents, and cousins, the core objective of NRI quota is undermined.
"This widening opens the door for potential misuse, allowing individuals who do not fall within the original intent of the policy to take advantage of these seats, potentially bypassing more deserving candidates,” the high court had said.
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