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. [Prithvansh Malhotra v. State of Punjab]
A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra labelled the amended conditions as 'fraud', suggesting that they undermined the quality 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. High Court has dealt with the case threadbare," the Court said.
Through an August 20 notification, the Punjab government had widened the definition of 'NRI' candidates to include relatives of NRIs.
This notification was quashed by Punjab and Haryana High Court on September 11, on the ground that the broadening of the definition was 'arguably unjustified'.
The petitioners moved the apex court to challenge this High Court order.
Senior Advocate Shadan Farasat, appearing for one of the petitioners, argued that other states, including Himachal Pradesh, Uttar Pradesh and Chandigarh, followed the broader interpretation, whereas Punjab was operating under a narrower definition.
The Court, however, expressed skepticism, calling the broader definition a "money-spinning tactic."
"You say 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," it said.
After hearing arguments from all sides, including Senior Advocates DS Patwalia and Abhimanyu Bhandari, the Bench dismissed the petitions, upholding the High Court's order.
Bhandari argued that NRI Quotas were nothing but the use of money power to secure admissions.
"Prospectus after clause 17 shows that once you choose a category you have to live with the category ... I have 636 marks who would have got this seat otherwise but for this quota coming into effect. This is nothing but using money power to get into college. In Punjab everyone would have a NRI relative. It is high time that this ends", he added.
"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 high have lost out. We cannot lend our authority to something which is blatantly illegal," the Court eventually said.