'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions

A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that the state government's notice (October 18, 2024), which sought to put at stake admissions of NRI quota students who were admitted to their respective medical colleges after September 24, 2024, was discriminatory and it amounted to playing with the future of the students.

“The impugned communication dated 18.10.2024 and the notice dated 18.10.2024 (Annexure P/1 collectively to WPC No. 5322/2024) is 29 discriminatory as, on the hand, it allows to continue with the studies to those candidates who have been admitted before 24.09.2024 and the candidates who have been admitted after 24.09.2024, their admissions have been put at stake, which amounts to playing with the future of the candidates which cannot be permitted”, the division bench observed as it quashed the notice impugned.

Case in brief

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

In contrast, the notice said that admissions taken after that date (September 24) will be scrutinised, given the order passed by the Supreme Court on September 24, 2024 and if the candidates are found ineligible, their admission will be cancelled.

To explain this further, the impugned notification said that candidates who took admission after September 24, 2024 and who are real NRIs, as per the definition given by the Supreme Court, should get their documents scrutinized. It added that if candidates who have secured their admission under the NRI quota do not appear for document verification or are not real NRIs as per the definition of the Supreme Court, their admission will be cancelled.

As is evident from the notification, this notice was issued in light of the apex court's order dismissing the challenge to the Punjab and Haryana High Court's quashing of the Punjab Government's notification to broaden the ambit of NRI Quota in medical admission. Interestingly, the said notice was issued despite the fact that the Apex Court had not laid down any criteria as to who was a real NRI.

[For context, the Punjab Government broadened the meaning of NRI candidate, bringing into its fold distant relatives of candidates such as uncles, aunts, grandparents and cousins, and this inclusion was made after the deadline for submitting the admission form. This action of the State was turned down by the Punjab & Haryana High Court, which deemed it 'unjustified' as it defeated the original purpose of NRI Quota - to give genuine NRIs a chance to come to India to study. The appeal preferred by the State before the Supreme Court was also dismissed]

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

They claimed that they had successfully passed the NEET UG 2024 and applied for MBBS/BDS admissions under the NRI quota. They registered and participated in the counselling rounds and secured seats in the colleges, and now, their classes have also started. However, the state government's notification would now adversely affect their interests.

Their counsel argued that admission to NEET UG 2024 was made strictly in accordance with the procedure and criteria as prescribed under the Admission Rules 2018, whose rule 13 prescribes the criteria of NRI quota. Since the petitioners fulfilled the criteria as prescribed, their admission to the respective Colleges of their choice was approved.

Against this backdrop, it was contended that the 2018 Rules were not violated or deviated from while granting admission to the petitioners. As such, after the entire admission process is completed, any change (proposed to be made vide notice dated October 18, 2024) that is alien to the existing rules cannot be allowed to prevail.

In short, the petitioners' entire case was that once they qualified for NEET UG 2024 under the Admission Rules 2018, which remain in effect to date, any deviation from these rules (sought to be done by the impugned notice of October 18) will render the admissions process void and illegal.

State's contention

It was the entire case of the state government that since clause II(e) of the modified provisions (which was stuck down by the Punjab & Haryana High Court is identical to that of 13(l)(1) of the Admission Rules, 2018 (under which the admissions were given to distant relatives of the NRIs in the State of Chhattisgarh), hence, once P&H High Court's is upheld by the Supreme Court, it has to be given effect to across the country.

It was further argued that by issuance of the impugned notice, the State has only attempted to grant admission to the candidates who are the actual descendants of the NRIs and not to those who were earlier granted the benefit, as provided in 13(l)(1) of the Admission Rules, 2018.

Lastly, it was submitted that given Article 141 of the Constitution of India, dismissal of the SLP amounts to an affirmation of the order of the Punjab & Haryana High Court and will be a binding precedent for the entire country; hence, the state medical education department issued such a notice.

High Court's observations

At the outset, the Court noted that admissions to medical colleges pursuant to the NEET UG 2024 in the State as per Admission Rules 2018 and unless and until there has been any violation or any deviation of the said rules, which is in existence while granting the admission to the petitioners and, any changes to the admission process after completion of the entire admission which is foreign to the existing rules cannot be allowed to prevail.

The Court also dealt with the question as to whether the State can differentiate between the candidates who have been granted admission under the NRI quota before September 24, 2024 and after September 24, 2024, in light of the order passed by the Apex Court on the said date and whether the judgment passed by the Punjab & Haryana High Court can be made applicable in the State of Chhattisgarh merely on the ground that an SLP preferred against the same has been dismissed by the Apex Court?

To answer the question, the Court observed that the Top Court's aforesaid has no bearing on the Admission Rules of 2018. Neither has the Apex Court laid down any ratio or defined who should be treated as NRIs and who can be granted admission under the NRI quota in the medical colleges.

Hence, the Court said that the Admission Rules of 2018 still hold the field in the State of Chhattisgarh as they have neither been amended, cancelled, or modified.

“There is no disagreement with regard to the ratio laid down by the Apex Court in a catena of decision that rule of the game cannot be changed after its commencement. The petitioners had appeared in the NEET UG 2024 examination and secured their position as qualified candidates. At the time of their admission, the Admission Rule 2018 was in force and still remains as it is, therefore, the case of the petitioners would be governed by the Admission Rules, 2018 and there can be no deviation from that,” the Court observed.

The Court also added that the State cannot discriminate against candidates fulfilling the same qualification/eligibility criteria merely based on the passing of a judgment by another High Court wherein another admission rules/provisions were under challenge, and the Apex Court had dismissed the Special Leave Petition against the said judgment, in limine and not on merits.

“The candidates standing on the same footing cannot be measured by two different yardstick on the basis of cut of date i.e. 24.09.2024. It is hit by the principles of intelligible differentia. The definition of NRI has been considered differently for the two set of candidates i.e. the candidates who have taken admission prior to 24.09.2024 have been considered differently from the candidates have taken admission after admission prior to 24.09.2024 and after 24.09.2024. Applying these two different yard sticks is arbitrary and illegal,” the Court said as it set aside the impugned notice.

The Court opined that taking shelter from an order passed by the Punjab & Haryana High Court, the admission that has already been granted to the petitioners cannot be taken back.

“The judgment of the Punjab & Haryana High Court in CWP No. 20788/2024 does not have any binding effect on the State of Chhattisgarh as the dismissal of the SLP against the said order by the Apex Court, was merely a dismissal in limine and not on merits. Even otherwise, no law has been laid down or any order has been passed as to who should be given the admission under the NRI quota,” the Court said, allowing the writ petitions.