New Delhi: The Rajasthan High Court has quashed the order of a single judge who had directed against mandatory intake of students at Mahatma Gandhi Medical College, Sitapura.
The division bench of Chief Justice Inderjit Mahnty and Justice Pankaj Bhandari ruled that the presentations of the NEET Counseling Board be accepted.
The counsel for the petitioners argued that the 15 percent quota was mandatory for NRI Applicants as per the Supreme Court ruling in PA Imamdar vs State of Maharashtra, and cannot be bypassed. It was further submitted that the medical college had indeed advertised the allocation of NRI seats in its prospectus. A single judge of the High Court had granted relief to the two petitioners.
The court said that in the P.A. Imamdar judgment of the Supreme Court and other allied precedents, it was only directed that the states cannot reject the decision of private institutions to allocate 15 percent NRI quota. This will not apply where the institution itself has not sought any NRI seats.
While discussing the Imamdar judgment, the Court explained:
“… the main purpose of allotting NRI seats was to provide additional finance to the institutions, to strengthen their level of education and to enhance their educational activities and students coming from economically weaker sections of society to benefit.”
In view of these comments, the appeal was allowed and the single judge’s order was set aside. Admission was directed to operate based on the seat matrix notified by the college and the merit of the students.
– India Legal Bureau