High court relief to NRI PG medical aspirants
TNN | Feb 10, 2019, 07.50 AM IST
JAIPUR: High court’s decision has come as a major relief for candidates seeking admission in PG medical courses on 15% NRI quota in the state.
Hearing the case, double bench of justice Banwari Lal Sharma and MN Bhandari of Rajasthan High Court, Jaipur bench, ordered, “Admission in NRI quota for PG medical and dental courses would be governed by the prevalent rule.” The court heard the case filed by a private university of medical sciences and technology Jaipur versus State of Rajasthan, office of the chairman, NEET PG medical and Dental Admission/Counselling Board -2018.
Chairman of the medical university, Dr ML Swarankar said, “The prevalent rule was issued by the medical education department on August 24, 2011 stating that an NRI who undertakes to sponsor a student for admission as guardian, need not be a blood relation, hence the ‘ward’ in case of NRI admission means a candidate whose guardian is a bonafide NRI. ‘Ward’ does not mean related by blood.” Dr Swarankar said, “The court’s judgement can be seen as a major relief for students as it is not mandatory for a PG medical course aspirant to have blood relationship with an NRI for taking benefit of NRI quota.”
The court set aside the order passed in SB Civil writ petition on May 10, 2018, whereby the single judge had disposed of the writ petition of the petitioner student, while observing that the principles laid down by the honourable Supreme Court in writ petition titled as consortium of deemed universities in Karnataka versus Union of India, be applicable to all admissions including PG (medicine).
While setting aside the order passed on May, 2018, division bench ordered, “We find that litigation before the Apex Court is still pending in the case of consortium of deemed universities in Karnataka. The last para of the interim order is quoted hereunder for ready reference: It needs no special emphasis to state that the present order is only applicable to the deemed universities and no other category of institution.” The Apex Court had passed interim order, “As presently advised, the principles set out in Anshul Tomar (supra), shall be followed this year for the purpose of filling up of 15% NRI quota. Be it clarified, the NRI quota shall include overseas citizens of India (OCI) and persons of Indian origin (PIO).”
Justice Banwari Lal Sharma and MN Bhandari further ordered, “If any direction is given by the Apex Court in regard to such admission even for the university created by the state legislation, then it would be applicable to it.”
TNN | Feb 10, 2019, 07.50 AM IST
JAIPUR: High court’s decision has come as a major relief for candidates seeking admission in PG medical courses on 15% NRI quota in the state.
Hearing the case, double bench of justice Banwari Lal Sharma and MN Bhandari of Rajasthan High Court, Jaipur bench, ordered, “Admission in NRI quota for PG medical and dental courses would be governed by the prevalent rule.” The court heard the case filed by a private university of medical sciences and technology Jaipur versus State of Rajasthan, office of the chairman, NEET PG medical and Dental Admission/Counselling Board -2018.
Chairman of the medical university, Dr ML Swarankar said, “The prevalent rule was issued by the medical education department on August 24, 2011 stating that an NRI who undertakes to sponsor a student for admission as guardian, need not be a blood relation, hence the ‘ward’ in case of NRI admission means a candidate whose guardian is a bonafide NRI. ‘Ward’ does not mean related by blood.” Dr Swarankar said, “The court’s judgement can be seen as a major relief for students as it is not mandatory for a PG medical course aspirant to have blood relationship with an NRI for taking benefit of NRI quota.”
The court set aside the order passed in SB Civil writ petition on May 10, 2018, whereby the single judge had disposed of the writ petition of the petitioner student, while observing that the principles laid down by the honourable Supreme Court in writ petition titled as consortium of deemed universities in Karnataka versus Union of India, be applicable to all admissions including PG (medicine).
While setting aside the order passed on May, 2018, division bench ordered, “We find that litigation before the Apex Court is still pending in the case of consortium of deemed universities in Karnataka. The last para of the interim order is quoted hereunder for ready reference: It needs no special emphasis to state that the present order is only applicable to the deemed universities and no other category of institution.” The Apex Court had passed interim order, “As presently advised, the principles set out in Anshul Tomar (supra), shall be followed this year for the purpose of filling up of 15% NRI quota. Be it clarified, the NRI quota shall include overseas citizens of India (OCI) and persons of Indian origin (PIO).”
Justice Banwari Lal Sharma and MN Bhandari further ordered, “If any direction is given by the Apex Court in regard to such admission even for the university created by the state legislation, then it would be applicable to it.”
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