Supreme Court slams NRI quota admissions as 'fraud', dismisses pleas against Punjab & Haryana High Court order [24.9.2024]

The Supreme Court on Tuesday dismissed three petitions challenging a Punjab and Haryana High Court order that had quashed a Punjab government notification amending conditions for Non-Resident Indian (NRI) quota admissions in the state’s medical colleges.  

The bench, led by Chief Justice of India DY Chandrachud, with Justices JB Pardiwala and Manoj Misra, came down heavily on the amendments, labelling the changes as a ‘fraud’ that compromised the integrity of the country’s education system.

“We must stop this NRI quota business now. This is complete fraud and this is what we are doing to our education system. Judges know what they are dealing with. The High Court has dealt with the case threadbare,” the court observed.

The controversy follows an August 20 notification from the Punjab government, which expanded the definition of ‘NRI’ candidates to include relatives of NRIs. This notification was struck down by the Punjab and Haryana High Court on September 11, citing that the broadening of the definition was “arguably unjustified”.

The petitioners, represented by senior advocate Shadan Farasat, appealed to the apex court, arguing that other states, including Himachal Pradesh, Uttar Pradesh, and Chandigarh, employed a broader interpretation of the NRI quota, while Punjab maintained a narrower scope.

However, the Supreme Court rejected this reasoning, viewing the broader definition as a money-driven scheme. “You say the nearest relation of NRI will also be considered. Ward is also anyone’s ward. What is this? This is just a money-spinning tactic of the state,” the court said.

Senior advocates DS Patwalia and Abhimanyu Bhandari also argued before the bench, with Bhandari stating that the NRI quota system was a mechanism to exploit financial power for securing admissions. 

He further pointed out that deserving students were being unfairly excluded due to these quotas.

“Prospectus after clause 17 shows that once you choose a category, you have to live with it. I have 636 marks — students who would have secured seats if not for this quota. This is nothing but using money power to get into college. In Punjab, everyone would have an NRI relative. It is high time this ends,” Bhandari stated.

Concluding the matter, the Supreme Court dismissed all three petitions and upheld the Punjab and Haryana High Court’s order. “All three petitions dismissed. Let us put a lid on this. This fraud has come to an end. This NRI business is nothing but a fraud. This comes to an end NOW. What is ward? You just have to say I am looking after X. See the students who got three times higher have lost out. We cannot lend our authority to something which is blatantly illegal,” the court concluded.

24 Sep 2024