New Delhi, Sep 24 (Representative) 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 medical colleges. A Bench of Chief Justice of India (CJI) D Y Chandrachud with Justice J B Pardiwala and Justice Manoj Misra said that the amended conditions are nothing but ‘fraud’, as these undermined the quality of the country’s education system. The CJI said, “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 Punjab and Haryana High Court has dealt with the case threadbare, CJI said. The CJI said, “This fraud must come to an end, look at the deleterious consequences, the candidates with 3 times higher marks will lose the admission.” “The central government must fall in line…peculiar facts must follow some principles of law, we will lay down the principles of law,” he said. Justice Pardiwala said, “We will affirm the HC order.”After hearing arguments from all sides, the Bench dismissed the petitions, upholding the 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,” said the Court. Senior Advocate D S Patwalia pleaded that all these petitioners would lose a year based on the promise made by the state government. The CJI refused to agree with Senior Advocate Patwalia, who appeared on behalf of the petitioners and dismissed the plea saying, “Okay we have heard you.” Senior Advocate Abhimanyu Bhandari said that the prospectus after clause 17 shows that once you choose a category you have to live with the category.Bhandari argued that NRI quotas were nothing but the use of money power to secure admissions.Bhandari argued, “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 an NRI relative. It is high time that this ends”, he added. “What is a 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 blatantly illegal,” the Court said.
The matter relates to a notification issued by the Punjab Government on August 20, 2024, which widened the definition of “NRI” candidates to include relatives of NRIs. This notification was however quashed by Punjab and Haryana High Court on September 11, on the ground that the broadening of the definition was “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 and Uttar Pradesh, and UT Chandigarh followed the broader interpretation, whereas Punjab was operating under a narrower definition. The court, however, called the broader definition a “money-spinning tactic”. “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,” it said.