a bench Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru He observed that the state government’s notification (October 18, 2024) seeking to compromise the admission of NRI quota students admitted to the respective medical colleges after September 24, 2024 was discriminatory and it amounted to playing with the future of the country. students.

“The disputed communication dated 18.10.2024 and the notification dated 18.10.2024 (collectively Annexure P/1 to WPC No. 5322/2024) 29 are discriminatory because, on the one hand, they enable these candidates to continue their studies. The admissions of candidates accepted before 24.09.2024 and candidates accepted after 24.09.2024 are jeopardized, which means that candidates should not be allowed to play with their future.“, observed the department table canceled The notice was objected to.

Case in brief

On October 18, the Department of Medical Education of the State Government issued an order stating that admission to MBBS/BDS Court under NRI quota obtained before September 24, 2024 will remain intact.

In response, the notification said: Applications made after this date (September 24) will be examined taking into account the following: The order given by the Supreme Court on September 24, 2024 and if The registrations of candidates who are not suitable will be cancelled.

To explain this further, the disputed notification states that candidates admitted after September 24, 2024 and who the real NRIs are as per the definition given by the Supreme Court, They should have their documents examined. Candidates who can guarantee admission under NRI quota do not appear for document verification or are not genuine NRIs According to the definition of the Supreme Court, applications will be canceled.

As can be understood from the notification, this notification has been published in the light of the following issues: decision of the supreme court Dismissal of appeal by Punjab and Haryana High Court quashing Punjab Government’s notification to extend NRI Quota in medical admission. Interestingly, the notice in question was issued even though the Apex Court had not laid down any criteria on who is a genuine NRI.

(For context, The Punjab Government has expanded the meaning of NRI candidate by including distant relatives of the candidates such as uncles, aunts, grandparents and cousins, and this inclusion was made after the last date of submission of the admission form. This action of the state Rejected by Punjab and Haryana High CourtHe found it ‘unfair’ as it defeated the original purpose of NRI Quota – to give genuine NRIs a chance to come to India for education. The state’s preferred appeal method before the Supreme Court is also dismissed)

Now, challenging this decision of the state medical education department, around 40+ students who were admitted under NRI quota have filed separate petitions in the Chhattisgarh High Court.

They claimed that they have successfully cleared NEET UG 2024 and applied for MBBS/BDS admissions under NRI quota. They have registered, attended counseling tours, taken their places in colleges and now their classes have started. However, the state government’s notification will now adversely affect their interests.

Their lawyers argued that the admission to NEET UG 2024 was done in strict compliance with the procedure and criteria laid down under the Admission Rules, 2018, which lay down the criteria for NRI quota in rule 13. Since the petitioners fulfilled the stated criteria, their admission to the respective Colleges of their choice was approved.

In this context, it was submitted that there was no violation or deviation from the 2018 Rules while granting admission to the petitioners. Therefore, once the entire acceptance process has been completed, any changes that are contrary to the current rules (proposed to be made by the announcement dated October 18, 2024) cannot be allowed to take effect.

In short, the entire contention of the petitioners was that after qualifying for NEET UG 2024 as per the 2018 Admission Rules in force till date, any deviation from these rules (as sought to be made in the impugned notification dated October 18) renders the admission process invalid and illegal.

strife of state

It was the entire matter of the state government that clause II(e) of the amended provisions was the same as clause 13(l)(1) of the Admission Rules, 2018 (imposed by the Punjab and Haryana High Court). (Accordingly admissions were given to distant relatives of NRIs in Chhattisgarh State), so after the P&H High Court is upheld by the Supreme Court, this should take effect across the country.

It has also been submitted that by issuing the impugned notification, the State is trying to grant admission only to candidates who are genuine descendants of NRIs and not to those who have already received benefits as stated in 13(l)(1) Admission Rules, 2018.

Finally, it was argued that in view of Article 141 of the Constitution of India, the dismissal of the SLP would amount to an endorsement of the decision of the Punjab and Haryana High Court and would constitute a binding precedent for the entire country; hence the state medical education department issued such notification.

Observations of the Supreme Court

Initially, the Court held that admissions to medical colleges under NEET UG 2024 in the State are as per the Admission Rules, 2018 and unless there is any violation or any deviation of the said rules and such is available while granting permission. Petitioners shall be advised of any changes in the process of admission which are foreign to the existing rules after the completion of the entire acceptance and acceptance. cannot be allowed to prevail.

The court also considered the question whether the State can discriminate between candidates admitted under NRI quota before September 24, 2024, and candidates admitted after September 24, 2024, in the light of the decision of the Apex Court in its 2024 judgment. the date in question and whether the decision passed by the Punjab and Haryana High Court would be applicable in the State of Chhattisgarh. just on the ground that an SLP preferred against it was rejected by the Apex Court?

To answer the question, the Court observed that the above-mentioned points of the High Court have nothing to do with the Admission Rules, 2018. Moreover, the Supreme Court has not fixed any rate or defined who should be admitted as NRI and who can be granted admission under NRI quota. in medical schools.

Therefore, the Court said that the Admission Rules, 2018 are still valid in the State of Chhattisgarh as they have not been amended, revoked or amended.

“There is no dispute about the rate fixed by the Apex Court in its decision that the rule of the game cannot be changed after it has started. The petitioners had appeared for the NEET UG 2024 exam and secured their seats as qualified candidates. At the time of their admission, the Admission Rules, 2018 were and are still in force, therefore, the status of the petitioners will be governed by the Admission Rules, 2018 and there can be no deviation from the same.The court observed:

The Court further added that relying on the judgment of another Supreme Court where another admission rule/provision was discussed, the State cannot discriminate against candidates meeting the same qualification/eligibility criteria and the Apex Court dismissed the Special Leave Petition. The decision in question was opposed not on its merits but on legal grounds.

“Candidates standing on the same basis cannot be measured by two different criteria based on the cut-off date, i.e. 24.09.2024. Intelligible principles of distinction are struck. The definition of NRI has been considered differently for two groups of candidates; that is, candidates accepted before 24.09.2024 were evaluated differently than candidates accepted before 24.09.2024 and after 24.09.2024. The application of these two different criteria is arbitrary and illegalThe court said while quashing the impugned notice.

Taking refuge in a decision passed by the Punjab and Haryana High Court, the court was of the opinion that the confession already given to the petitioners could not be withdrawn.

“Punjab and Haryana High Court CWP No. The decision 20788/2024 does not have any binding effect on the State of Chhattisgarh as the dismissal of the SLP by the Apex Court against the said order is merely a dismissal of the suit and not on merits. Even otherwise, no law has been laid down nor any order has been issued regarding who should be admitted under NRI quota.The court said: to give permission written petitions.