HC dismisses NRI-sponsored student’s claim for admission to Medical course
April 21,2019:
Justice R.K.Deshpande and Justice S.M.Modak, at Nagpur Bench of Bombay High Court rejected the claim of the writ petitioner Dr.Himandri Harish Warbhe, who is an NRI-sponsored student desirous of admission to the medical course, as her contention has been that she herself is not an NRI, but she is the candidate sponsored by NRI and, therefore, she cannot be prevented on the basis of clause 8.1 of the Guidelines for Granting Admissions in NRI quota. Medical College
It was urged that she can compete for a State quota seat for General Category in the colleges other than unaided, private and private minority institutions.
The Court has pointed out that the Rules provide definitions in Annexure”A”,. Clause (j) defines “Non-Resident Indian (NRI)”.The definition of NRI is extended to include his child or ward. The Court said that it has no doubt that the candidate sponsored by NRI shall also be included as child or ward of such NRI and prevention in Clause 8.17.2 shall apply.
Further, the petitioner has not challenged the definition and the Rule. Hence the petition is devoid of substance. Advocate U.S. Dastane appeared for the petitioner. GP Sumant Deopujari (State) and Adv. Nahusdh Khubalkar (CET Cell) represented the respondents.,
It is an undisputed position that in terms of the decision of the Apex-Court, 15% seats in the unaided, Private and Private unaided Private Minority institutions running medical courses can be made available. Such reservation is not available in the colleges other than the Unaided Private and Private Minority Institutions.
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