MBBS Admissions : Supreme Court Issues Notice On Plea Challenging NRI Quota In Assam Medical Colleges

The Supreme Court on Friday (August 25) issued notice in a petition filed under Article 32 of the Indian Constitution challenging the State of Assam’s rules allowing 7% seats quota in medical Colleges to be reserved for NRIs. Pertinently, the Bench comprising Justices Ravindra Bhatt and Aravind Kumar, also stayed further allocation of seats under NRI quota in the ongoing counselling of seats.

The petition is likely to be tentatively listed next on September 11.

The present petition assailed the 2023 amendment 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), via which the State of Assam has sought to introduce 7% quota in seats for NRI/NRI Sponsored candidates. The petitioner contended that the move prioritised  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. Therefore, the said amendment to the 2017 rules has been challenged in the present petition on the ground that it violates Articles 14, 15, 19, and 21 of the Indian Constitution and is tantamount to institutions of the State charging capitation fees for admissions.

Another ground of challenge is that the impugned amendment is contrary to the purpose and intent of the reservations framed under 103^rd Constitutional Amendment, which brought in a 10% reservation for EWS section in jobs and education.

The present petition has also brought into attention of the Court that while in addition to over 49% reservations in the State Quota seats in Assam’s Medical Colleges, an additional 10% seats were earlier reserved for EWS candidates. However, the impugned 2023 amendment, while providing a 7% quota for NRI/ NRI Sponsored Candidates, provides that henceforth such 10% EWS 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”

Senior Advocate Indira Jaising, appearing for the petitioner, submitted that 7% seats are being allocated to NRIs in preference to EWS candidates.

The petitioner highlighted that the State of Assam has no private medical colleges and all admissions through National Eligibility-cum-Entrance Test (NEET) conducted by the National Medical Commission (NMC), are made to thirteen government medical colleges in the State. Also, such admissions are covered by 2017 rules.

Based on the above discussion, petitioner has averred that the criterion adopted and the arbitrary rejig, therefore, defeats the very 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 while NRIs get the benefit of premier institutions.

The petition also flagged the issue of applicability of the impugned amendment in the current year’s admission process disadvantaging the EWS candidates whose reservation of 10% seats has been made into second class opportunity vis-à-vis 7% reservation granted to NRIs who would in turn get priority in cherry picked colleges.

Petition has been filed by Advocate on Record Fuzail Ahmad Ayyubi and has been drafted by Advocates Mustafa Khaddam Hussain and Ibad Mushtaq.

Case Title: HADIUJJAMAN LASKAR & ORS v. STATE OF ASSAM W.P.(C) No. 000862 - 000862/2023

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