Supreme Court described the NRI quota policy in NEET counselling as a ‘fraud’ but several states allow Punjab’s broad definition and MCC, even candidates with NRI sponsors.
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Try NowSanjay | September 25, 2024 | 03:17 PM IST
NEW DELHI: The Supreme Court on Tuesday described the NRI quota in MBBS admissions “a fraud” and a “means of making money”. It did so while dismissing the Punjab government's appeal against a Punjab and Haryana High Court ruling striking down new rules allowing relatives of non-resident Indians (NRIs) to be included in the NRI quota.
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However, several state governments, including Himachal Pradesh, continue to adopt a broad definition of the NRI quota that allows resident Indians with NRI relatives for MBBS admissions. Not only that, the central Medical Counselling Committee (MCC), under the ministry of health and family welfare, even allows candidates to switch from ‘Indian’ to ‘NRI’ category if they have a NRI sponsor to pay their fees.
A total of 1,490 candidates have been ‘provisionally’ moved from Indian to NRI over the two rounds of NEET UG counselling 2024-25 on the basis of scrutiny of documents they submitted to MCC.
The NEET counselling is the process by which candidates who have qualified the National Eligibility-cum-Entrance Test Undergraduate (NEET exam) are assigned seats in medical colleges. MCC NEET-UG counselling 2024 began on August 14.
On September 10, the High Court trashed Punjab’s August 20 move expanding the ambit of the NRI quota to include distant relatives "such as uncles, aunts, grandparents, and cousins" under the 15% reservation designated for NRI admissions in medical colleges.
“This is nothing but a money spinning machine,” observed a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra while upholding HC order. “We will dismiss all the petitions. This NRI business is nothing but a fraud. We will put an end to all this... now the so called precedents must give way to primacy of law,” said the SC bench as it dismissed Punjab government’s appeal for NRI quota expansion.
The apex court observed that such steps give way to back-door entry and force meritorious students out of the admission process. The top court said that distant relatives of a ‘mama, tai, taya’, who are settled abroad, will get admissions ahead of meritorious candidates and this cannot be allowed.
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In NEET counselling, the NRI quota means a reservation for non-resident Indian candidates – or those sponsored by NRIs – who wish to study medicine in India. It provides an opportunity for Indian-origin students residing abroad to secure admission in medical colleges without having to compete with the general pool of candidates. That said, they have to qualify the NTA NEET exam like the rest.
In line with the Supreme Court’s TMA Pai judgment 2002, private institutions reserve 15% of the total seats for the NRI category.
Four states, Rajasthan, Haryana, Goa, Himachal Pradesh, and two Union Territories (UTs), Chandigarh and Pondicherry, have NRI quotas in their government medical colleges.
NRI candidates with large reserves of dollars are bagging medical seats even though they have ranks in seven digits and rock-bottom scores. They go through NEET counselling for MBBS admissions.
More controversially, the central MCC, which conducts NEET counselling for seats in the all-India Quota, central institutions and deemed-to-be universities, allows a “NRI sponsorship” segment in which simply having an NRI relative willing to sponsor the fee makes the candidate eligible for the quota.
Under the MCC NEET UG counselling, a candidate can claim the benefit of NRI category through NRI sponsorship by submitting documents showing that the sponsor is an NRI and is related to the candidate.
Aspiring MBBS students under the NRI category will also have to submit an affidavit from their sponsor saying they will bear the entire course fee of the candidate, along with an embassy certificate of the sponsor. As per data on mcc.nic.in, close to 1,500 candidates have used this route to an MBBS seat.
“However, the candidates have to produce the same original documents at the time of reporting in case an NRI seat is allotted to them, failing which their admission is liable to cancellation,” MCC said.
MCC states that the conversion of a candidate’s nationality from ‘Indian’ to ‘NRI’ is provisional, pending verification of documents by the allotted college at the time of reporting. The sponsor's embassy certificate may also be sent to the ministry of external affairs or the respective high commission for further verification.
“If found ‘fake’, the provisional allotment of candidates may be cancelled and legal action might be initiated by the competent authority,” MCC said.
While a few states like Uttar Pradesh do not have provision for an NRI quota in medical admission at all, others have set more stringent eligibility conditions. Still others simply replicate the central MCC policy. Here’s how different states treat the NRI quota.
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In Gujarat, the parents – guardians in absence of parents – must themselves be NRIs for candidates to be eligible.
Gujarat has 39 medical colleges, including six government medical colleges. It has 6,858 MBBS seats, including 791 NRI seats. It does not allow sponsorship of Indian candidates by NRI for MBBS admissions.
In Himachal Pradesh, a candidate claiming NRI quota shall be a NRI or his/her parents shall be NRIs. However, it also has an “NRI sponsored category”.
“In the event of non-availability of adequate number of eligible NRI candidates who fulfil the aforesaid eligibility criteria, NRI sponsored candidates will be considered for allocation of seats,” according to Himachal Pradesh government guidelines for NEET-UG 2024 counselling. The sponsor shall be blood relation to the applicant and legally adopted children are also eligible.
Karnataka, which is yet to receive National Medical Commission (NMC) approval for 5% NRI seats in government medical colleges, also allows sponsorship of Indian students by NRIs. There are 7,995 MBBS seats in 46 private medical colleges of the state. Of the total seats in private colleges, 5% are under management and 15% under NRI quota. The state's health and medical education officials have categorically stated that the NRI quota is intended to raise funds.
West Bengal follows MCC guidelines for NRI quota and allows candidates to change their nationalities from Indian to NRI for MBBS admission. “The candidates who opt for NRI quota cannot opt for state quota or management quota… If at any stage it is found that candidate has provided false/forged documents or have provided misinformation regarding NRI status of self/sponsor, the candidature shall be summarily rejected,” it says.
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