Monday, October 7, 2024

SC rips into Punjab governmentʼs decision to expand the ambit ofNRI quota in MBBS admissions as ʻmoney-spinningʼ mechanism:

SC rips into Punjab governmentʼs decision to expand the ambit ofNRI quota in MBBS admissions as ʻmoney-spinningʼ mechanism:

Is it a warning shot for other states too? 

On September 24, the Supreme Court of India rejected the Punjab government's expansion of the NRI quota for MBBS admissions, deeming it a "fraud on the education system." The court criticized the last-minute criteria changes, highlighting that it undermined merit. This ruling may influence similar NRI quota discussions in states like Karnataka and Telangana, emphasizing fairness in medical admissions. 

TOI Education Sep 26, 2024, 21:27 IST 

On Tuesday, September 24, the Supreme Court  of India shot down the Punjab governmentʼs decision to extend the 15% NRI quota for MBBS admissions to 'wards' of NRIs. The Apex court described this decision as a ʻfraud on the education system to mint moneyʼ. A bench consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the Aam Aadmi Party (AAP) governmentʼs petition against the Punjab and Haryana High Courtʼs ruling quashing the governmentʼs notification that amended the conditions for admissions under the NRI quota for MBBS courses. 

The NRI quota in MBBS in India comprises a set of reserved seats in medical colleges for Non-Resident Indians (NRIs), Overseas Citizens of India (OCI), and Persons of Indian Origin (PIO).The percentage of seats reserved for this quota varies by state and college, but typically around 15% of the seats are allocated for the NRI quota. Some of the eligibility criteria for the NRI quota are as follows: 

NRI Quota in MBBS: Punjab Government's Controversial Decision On August 20, the Punjab government issued a notification regarding the expanded ambit of the NRI quota to include distant relatives, such as uncles, aunts, grandparents, and cousins, for admission under the 15% quota in medical colleges. According to reports, the notice stated, “NRIs or their children, who originally belong to Punjab and any Indian state or Union Territory, are eligible for NRI quota seats. If any NRI seats are left vacant, the wards or nearest relatives of the NRI shall also be considered for the NRI quota seats.” Furthermore, the notification defined who would be considered “nearest relations.” According to the notice, the definition of nearest relations includes: The aspirant must be of Indian origin and settled in a foreign country. Children of Indian citizens living abroad for business or employment are eligible. Candidates born abroad whose parents are of Indian descent can apply. Candidates must reside abroad and possess NRI status. Candidates residing in a foreign country must have completed their 10th and 12th standard examinations in that country.

Real brothers and sisters of the father (i.e., uncles and aunts) Real brothers and sisters of the mother (i.e., maternal uncles and aunts) Grandfathers and grandmothers (paternal) Grandfathers and grandmothers (maternal) First paternal and maternal cousins of the candidate seeking admission.  Supreme Court Slams Punjab's NRI Quota Expansion as 'Backdoor Entryʼ In August, several candidates from the general category, seeking admission after NRI quota seats were left vacant, approached the Punjab and Haryana High Court against the AAP governmentʼs notification. The High Court ruled in their favour, labelling the notification as “unjustified.” 

Subsequently, candidates seeking to benefit from the expanded ambit of the NRI quota brought the issue before the Supreme Court, as per a media report. The Supreme Court criticized the Punjab government for its notification amending the conditions for admissions under the NRI quota, describing it as “just a money-spinning device by the state.” The bench expressed strong disapproval of the last-minute expansion of the criteria for the NRI quota after the deadline for application submissions, emphasizing that it created a “moneyspinning” mechanism.

 According to a TNN report, the bench stated, “Consider the terms ʻnearest relativesʼ and ʻwardsʼ of NRIs. Anyone could be considered a nearest relative, even a third cousin. And what did the government mean by ʻward of an NRIʼ? Anyone and everyone can be termed a ward of an NRI, and the only proof required is an affidavit from the person residing abroad.” The Apex Court further added, “These are all backdoor entries, and this is nothing but a money-spinning device for the government. It must be stopped.” During the ruling, the Apex Court noted that a general category student with 630 out of 700 marks would not receive a seat, while an NRI ward with just 200 marks could gain admission. The Chief Justice of India (CJI) stated that the Punjab and Haryana High Court bench, led by Chief Justice Sheel Nagu, had rendered the correct judgment. 

“Let us put a lid on this whole fraud in the name of NRI quota seats. This expanded meaning of the NRI quota is nothing but a fraud on the medical education system. After the last date of submission of application forms, the Punjab government expanded the NRI quota seat eligibility criteria. General category candidates having three times the marks of an NRI ward will lose out because of this. The court should not lend its authority to this patent fraud," said the CJI.


https://timesofindia.indiatimes.com/education/news/sc-rips-into-punjab-governments-decision-to-expand-the-ambit-of-nri-quota-in-mbbs-admissions-as-money-spinning-mechanism-is-it-a-warning-shot-for-other-states-too/articleshow/113705256.cms

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