New Delhi: While considering a plea challenging the NRI quota MBBS seats at the medical colleges in Assam, the Supreme Court on Friday issued a notice in the matter.
Filed under Article 32 of the Indian Constitution, the petition challenged the rules implemented by the State Government of Assam, which allowed 7% of seats in medical colleges to be kept reserved for the NRIs.
Issuing notice in the matter, the top court bench comprising ustices Ravindra Bhatt and Aravind Kumar also put a stay on the further allocation of seats under the NRI quota in the ongoing counselling of seats.
The matter has been listed for further hearing on September 11.
This year, an amendment was made to the existing Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS or BDS Courses) Rules 2017 (2017 Rules). Introducing the amendment, the State Government sought to reserve 7% quota in seats for NRI/NRI sponsored candidates.
As per the latest media report by Live Law, challenging the rule, the petitioner contended that the decision of the State Government gave priority to the NRI candidates in the premier medical colleges of the state over the candidates belonging to the Economically Weaker Section (EWS) category without any reasonable classification.
Challenging the 2023 amendment to the 2017 rules, the plea has argued that the amended rules violate the Articles 14, 15, 19, and 21 of the Indian Constitution and are equivalent in seriousness to institutions of the State charging capitation fees for admissions.
Further, the petitioner has contended that the amendment contradicts the purpose and intent of the reservations framed under 103rd Constitutional Amendment, which brought in a 10% reservation for EWS section in jobs and education.
Further, the plea referred to the fact that in addition to the 40% reservation in the State Quota seats in the medical colleges in the State, an additional 10% seats were previously reserved for the EWS quota candidates.
However, introducing the 2023 amendment, the State has provided 7% reservation for the NRI quota candidates and mentioned that from now on 10% EWS quota seats would be allotted from the total State Quota seats "after deduction of NRI/NRI sponsored seats belonging to Assam Medical college, Gauhati Medical College, Silchar Medical College, Jorhat Medical College, Fakhruddin Ali Ahmed Medical College and Tezpur Medical College”
The counsel for the petitioner submitted that the 7% seats are being allocated to NRI quota candidates in preference to EWS candidates. Further, the plea highlighted the fact that there are no private medical colleges in Assam and all the admissions made through the National Eligibility-cum-Entrance Test (NEET) conducted by the National Medical Commission (NMC) are made to thirteen government medical colleges in the State. Admissions to such GMCs are covered by the 2017 rules, submitted the petitioner.
Referring to these facts, the petitioner argued that the criterion adopted and the amendment to the rules defeats the purpose of providing affirmative action for the EWS category candidates by prioritising the NRI/NRI Sponsored candidates and virtually ensuring that the EWS candidates are sidestepped at the same time while the NRIs get the benefit of the premier institutes in the State.
Further, the plea referred to the issue of applicability of the concerned amendment in the current year's admission process pointing out how disadvantegour it would be for the EWS candidates whose reservation of 10% seats has been made into second class opportunity as 7% reservation has been granted to the NRI quota candidates who would now be prioritised to get into top institutes.
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