Supreme Court Halts NRI Quota in Assam Medical Colleges Amid Controversy
On August 25, the Supreme Court issued a notice in a petition filed under Article 32 of the Indian Constitution, which challenges the State of Assam’s decision to reserve 7% of seats in medical colleges for Non-Resident Indians (NRIs). The bench, consisting of Justices Ravindra Bhatt and Aravind Kumar, also temporarily halted the allocation of seats under this NRI quota during the ongoing counseling sessions. The case is expected to be revisited on September 11.
Thank you for reading this post, don't forget to subscribe!The petition specifically assailed the 2023 amendment to the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS or BDS Courses) Rules 2017. This amendment introduced a 7% quota for NRI or NRI-sponsored candidates. The petitioners, two candidates from the Economically Weaker Section (EWS), argued that this move
“prioritised NRI candidates in the premier medical colleges of the State over the candidates belonging to the Economically Weaker Section (EWS) category without any reasonable classification.”
They contended that the amendment violates Articles 14, 15, 19, and 21 of the Indian Constitution and is
“tantamount to institutions of the State charging capitation fees for admissions.”
Another significant point of contention is that the impugned amendment is
“contrary to the purpose and intent of the reservations framed under 103rd Constitutional Amendment,”
which introduced a 10% reservation for the EWS section in jobs and education. Senior Advocate Indira Jaising, representing the petitioners, emphasized,
“7% seats are being allocated to NRIs in preference to EWS candidates.”
The petitioners further highlighted that….
“the State of Assam has no private medical colleges”
and all admissions through the National Eligibility-cum-Entrance Test (NEET), overseen by the National Medical Commission (NMC), are directed to thirteen government medical colleges in the state, governed by the 2017 rules.
The core issue revolves around seat allocation. While over 49% of State Quota seats in Assam’s medical colleges were already reserved, an additional 10% was set aside for EWS candidates. However, the 2023 amendment stipulates that the 10% EWS seats would now be allocated
“after deduction of NRI/ NRI sponsored seats”
in six of Assam’s older, more prestigious colleges: Assam Medical College, Gauhati Medical College, Silchar Medical College, Jorhat Medical College, Fakhruddin Ali Ahmed Medical College, and Tezpur Medical College.
The petitioners argue that this system
“defeats the very purpose of providing affirmative action for the EWS category candidates by prioritising the NRI/NRI Sponsored candidates and virtually ensuring that the EWS candidates are sidestepped while NRIs get the benefit of premier institutions.”
Furthermore, the petitioners have pointed out that by pegging NRI seats at
“$25000 per seat every year, the state is charging a capitation fee.”
They believe that the Constitution doesn’t support reservations for those already privileged, such as NRIs, and that the amendment is in
“complete and utter violation of Articles 14 and 15.”
