A bank of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that the state government’s notice (October 18, 2024), which sought to jeopardize the admission of NRI quota students who were admitted to the respective medical colleges after September 24, 2024, was discriminatory and amounted to gambling with the future of the students.

“The contested communication of 18.10.2024 and the opinion of 18.10.2024 (Appendix P/1 collective to WPC No. 5322/2024) is 29 discriminatory because, on the other hand, it allows the continuation of the studies of candidates who were admitted before 24.09.2024 and candidates who were admitted after 24.09.2024 were put in jeopardy of admission, which means gambling with the future of candidates who cannot be admitted.”, the division bench observed canceled the contested opinion.

The case in brief

On October 18, the State Government’s Medical Education Department issued an order stating that admission to MBBS/BDS Tribunal under NRI quota taken before September 24, 2024 will be kept intact.

Instead, the ad said that admissions taken after this date (September 24) will be reviewed, given that order issued by the Supreme Court on September 24, 2024 and if candidates are found ineligible, their admission will be cancelled.

To explain this further, the impugned notification said that the candidates who took admission after September 24, 2024 and who are true NRIs as defined by the Supreme Court, they should examine their documents. He added that if the candidates who secured admission under the NRI quota do not appear for document verification or are not genuine NRIs as defined by the Supreme Court, their admission will be cancelled.

As it appears from the notification, this notification has been issued in the light order of the supreme court dismissing the appeal against the Punjab and Haryana High Court’s quashing of the Punjab government’s notification to widen the scope of NRI quota in medical admissions. Interestingly, the said notification was issued despite the fact that the Apex Court did not lay down any criteria as to who was a bona fide NRI.

(For context, The Punjab government has broadened the meaning of NRI candidate by bringing in distant relatives of the candidates like uncles, aunts, grandparents and cousins ​​and this inclusion was made after the deadline for submission of admission form. This action of the State was dismissed by the Punjab and Haryana High Courtwhich felt it was “unwarranted” as it defeated the original purpose of the NRI quota – to give genuine NRIs a chance to come to India to study. The State’s preferred appeal before the Supreme Court was also dismissed)

Now, challenging this order of the state medical education department, around 40 students who got admission under the NRI quota have filed separate petitions in the Chhattisgarh High Court.

They claimed to have successfully cleared NEET UG 2024 and applied for MBBS/BDS admission under NRI quota. They have enrolled and attended counseling rounds and secured seats in colleges and now their courses have also started. However, the notification to the state government would now adversely affect their interests.

Their counsel submitted that the admission to NEET UG 2024 was made strictly in accordance with the procedure and criteria laid down in the Admission Rules 2018, Rule 13 of which prescribes the NRI quota criteria. Since the petitioners have fulfilled the prescribed criteria, their admission to the respective colleges of their choice has been approved.

In this context, it was contended that the Rules of 2018 were not violated or deviated from granting admission to the petitioners. As such, after completion of the entire admission process, any amendment (proposed to be made by notification dated 18th October 2024) which is extraneous to the existing rules cannot be allowed to prevail.

In short, the entire case of the petitioners was that once they qualified for NEET UG 2024 under the Admission Rules 2018, which remain in force till date, any deviation from these rules (which is sought to be by the impugned notification dated October 18) will render the admission process null and void.

The state’s appeal

The entire case of the State Government was that since clause II(e) of the amended provisions (which was struck down by the Punjab and Haryana High Court is identical with s 13(l)(1) of the Admission Rules , 2018 (under which admissions were given to distant relatives of NRIs in the state of Chhattisgarh), therefore once the P&H High Court is upheld, it has to be applied across the country.

It was further contended that by issuing the impugned notification, the State has tried to grant admission only to the candidates who are the actual descendants of NRIs and not to those who were earlier given the benefit as per 13(l)(1) of the Regulation of admission, 2018.

Finally, it was argued that in view of Article 141 of the Constitution of India, the dismissal of the SLP amounts to an affirmation of the order of the Punjab and Haryana High Court and will set a binding precedent for the entire country; therefore the state medical education department issued such notice.

Observations of the High Court

At the outset, the Court held that admission to medical colleges under NEET UG 2024 in the State under the Admission Rules 2018 and unless and until there has been any violation or any deviation of the said rules existing at the time of admission applicants and, any change in the admission process after the completion of the entire admission which is foreign to the existing rules it cannot be allowed to prevail.

The Court also dealt with the question whether the State can differentiate between candidates granted admission under the NRI quota before September 24, 2024 and after September 24, 2024 in the light of the order passed by the Apex Court on the said date and whether the judgment passed by the Punjab and Haryana High Court can be applied in the State of Chhattisgarh only on the ground that an SLP preferred against the same was dismissed by the Apex Court?

To answer the question, the Court observed that the above mentioned by the Supreme Court has nothing to do with the Admission Rules 2018. Nor has the Apex Court laid down any ratio or defined who should be treated as NRI and who can get admission under the NRI quota. in medical colleges.

Therefore, the Court said that the Admission Rules, 2018 still hold the domain in the State of Chhattisgarh as they have neither been amended, repealed or modified.

“There is no disagreement with the ratio laid down by the Apex Court in a chain of decisions that the rule of the game cannot be changed after its commencement. The petitioners appeared for the NEET UG 2024 examination and secured the post as qualified candidates. At the time of their admission, the Admission Rules, 2018 were in force and remain so, therefore, the case of the petitioners would be governed by the Admission Rules, 2018 and there can be no departure therefrom.“, the Court observed.

The Court also added that the State cannot discriminate against candidates who fulfill the same qualification/eligibility criteria only on the basis of a judgment by another High Court where other rules/provisions of admission were challenged and the Apex Court rejected the plea of special leave. against the said decision, in limine and not in substance.

“Candidates who are on the same leg cannot be measured against two different criteria based on the cut off date i.e. 24.09.2024. It is struck by the principles of intelligible differences. The definition of NRI was considered differently for the two sets of candidates i.e. candidates who took admission before 24.09.2024 were considered differently from candidates who took admission after admission before 24.09.2024 and after 24.09.2024. Applying these two different sticks is arbitrary and illegal”, said the Court while canceling the contested notice.

The Court held that taking shelter of an order passed by the Punjab and Haryana High Court, the admission which has already been granted to the petitioners cannot be withdrawn.

“Judgment of Punjab and Haryana High Court in CWP no. 20788/2024 has no binding effect on the State of Chhattisgarh as the dismissal of the SLP against the said order by the Apex Court was only a dismissal in limine and not. on merit. Even otherwise, no law has been laid down or any order given as to who should be given admission under the NRI quota.”, said the Court, allowing written requests.