Wednesday, September 25, 2024

"This fraud must end, " Supreme Court rejects Punjab's NRI quota plea Synopsis

"This fraud must end, " Supreme Court rejects Punjab's NRI quota plea Synopsis

ECONOMIC TIMES 25.09.2024 

The Supreme Court has dismissed Punjab's plea to expand the NRI quota in medical colleges, emphasizing that distant relatives of NRIs should not receive admission benefits. Meanwhile, Karnataka is seeking approval to introduce a 15% NRI quota in government medical colleges by 2025-26, aiming to generate revenue and improve educational facilities. The Supreme Court has rejected the Punjab government's plea challenging the High Court's verdict on the widening of the NRI quota in medical colleges. 

The apex court stressed that distant relatives of NRIs cannot be granted admission benefits, stating, "This fraud must end." The ruling comes as the Karnataka government is pushing for the introduction of a 15% NRI quota in government medical colleges, starting in the 2025-26 academic year. Earlier this month, the Punjab and Haryana High Court quashed the Punjab government's notification that amended the conditions for NRI quota admissions in medical colleges across the state. The bench, consisting of Chief Justice Sheel Nagu and Justice Anil Kshetarpal, ruled that the state's August 20 notification, which broadened the definition of NRI candidates to include distant relatives, was "arguably unjustified." 

The court pointed out that the NRI quota was originally intended to benefit genuine NRIs and their children, giving them access to education in India. However, the government's move to include relatives like uncles, aunts, grandparents, and cousins in the NRI category undermined the policy's original intent. "By broadening the definition, the door for potential misuse is opened, allowing individuals outside the policy's intent to take advantage of these seats, potentially bypassing more deserving candidates," the court observed. 

On August 28, the court had already stayed the notification after receiving a plea from Geetan Verma and other aspirants. They argued that a prospectus for medical admissions had been issued on August 9, only for the government to change the admission criteria through the August 20 notification, which they said was not permissible.  The court criticized the vagueness of the new provision, which allowed distant relatives to qualify as guardians simply by claiming they had looked after a student. It noted that this opened up opportunities for manipulation, allowing individuals to claim guardianship for the sole purpose of securing admission under the NRI quota. This, the bench argued, dilutes the merit-based admission process, unfairly disadvantaging more academically qualified students. 

Karnataka's quota pitch

Meanwhile in June, Karnataka’s Medical Education Minister, Sharan Prakash Patil, wrote to the National Medical Commission (NMC) seeking approval to create 508 supernumerary MBBS seats in 22 government medical colleges. These seats, which would be above the existing intake, are intended to cater to NRI students. Patil cited the University Grants Commission (UGC) guidelines and the National Education Policy 2020, which encourage the admission of international students to Indian institutions, as justification for this proposal. Currently, Karnataka only permits NRI admissions in private medical colleges, where students pay fees ranging from ₹1 crore to ₹2.5 crore. In contrast, states like Rajasthan, Haryana, and Punjab charge between USD 75,000 to USD 100,000 for NRI seats in government medical colleges. Patil believes that introducing the quota in Karnataka would generate significant revenue, improving facilities and the quality of education in medical colleges, which face financial challenges despite government funding. Patil has proposed an annual fee of ₹25 lakh for NRI students, estimating that this could generate ₹127 crore in the first year alone. He expressed confidence that the Centre would approve the proposal, allowing the state to implement the NRI quota in government medical colleges by the 2025-26 academic year

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