Total fraud: Supreme Court junks Punjab’s appeal on NRI quota expansion

The Supreme Court on Tuesday dismissed the Punjab Government’s petition against a high court verdict quashing its decision to expand the definition of NRI quota for admissions in undergraduate medical courses.

“It is a complete fraud and a money-spinning tactic… This fraud must come to an end now,” a Bench led by Chief Justice DY Chandrachud said.

Through a notification issued on August 20, the Punjab Government had widened the definition of an NRI candidate to include distant relatives such as uncles, aunts, grandparents and cousins of NRIs for 15 per cent quota for admission to MBBS/BDS courses.

Money-spinning tactic

This is a complete fraud, a money-spinning tactic. And this is what we are doing with our education system... We must stop this NRI quota business now. SC Bench

Govt had challenged High Court verdict

• On Aug 20, Punjab widened definition of NRI candidate to include distant kin of NRIs for 15% MBBS seat quota
• HC quashed the move, saying it opened the door for its potential misuse

On September 10, the Punjab and Haryana High Court quashed the notification, saying it opened the door for a potential misuse, allowing individuals who didn’t fall within the original intent of the policy to take advantage of NRI seats by bypassing more deserving candidates.

“Let us put a lid on this. This NRI business is nothing but a fraud. This must come to an end now... See the students who got three times higher (marks) and lost out. We can’t lend our authority to something which is blatantly illegal,” the Bench said, dismissing petitions filed by the Punjab Government and others.

Holding that the high court’s decision was “absolutely right”, the apex court pointed out that most of the applicants under the widened NRI category were from India. After hearing senior advocate Shadan Farasat for petitioners and senior advocates Abhimanyu Bhandari and DS Patwalia, representing other parties, the Bench said, “We must stop this NRI quota business now! This is a complete fraud and this is what we are doing to our education system. Judges know what they are dealing with. The high court has dealt with the case threadbare,” the Bench said.

“Look at the deleterious consequences... the candidates who have three times higher marks (in NEET-UG) will lose seat,” the Bench said.

“You (Punjab Government) say the nearest relation of an NRI will also be considered. A ward is also anyone’s ward. What is this? This is just a money-spinning tactic of the state,” said the Bench, which included Justice JB Pardiwala and Justice Manoj Misra.

Noting that distant relatives of a “mama, tai, taya” settled abroad will get admissions ahead of meritorious candidates under the widened definition of NRI, the Bench said it could not be allowed.

On behalf of the petitioners, Farasat sought to defend the August 20 notification, saying other states, including Himachal Pradesh, Uttar Pradesh and Chandigarh, followed somewhat similar definitions of NRI. But the Bench didn’t agree with his submissions.

Of the total NEET-UG seats, 85 per cent are filled by the states in colleges under their jurisdiction, the counsel told the Bench. The Bench said now the Union Government would have to take note of this as well.