Supreme Court seeks response of Assam, NMC in plea challenging diversion of EWS quota to NRIs in medical seats

The Supreme Court recently sought the response of the Assam government and the National Medical Commission (NMC) in a plea challenging the State's decision to divert the quota earmarked for the Economically Weaker Sections (EWS) to Non-Resident Indians (NRIs) [Hadiujjaman Laskar and anr vs State of Assam and ors]. .The plea by one Hadiujjaman Laskar and others alleged that the move puts EWS candidates to disadvantage and has been done to ensure berths for NRI students. A bench of Justices S Ravindra Bhat and Aravind Kumar issued notice to the State and the NMC on August 25. Pertinently, the Court passed an interim direction that no further seat allotments should be made in the EWS quota that has now been diverted to NRI quota."Issue notice, returnable after two weeks. No further allocations/ allotment shall be made to the seats or admissions in the quota originally earmarked for EWS category which has now been diverted to NRI quota," the Court ordered..The petitioners moved the Court challenging the government rules as per which admissions are to be made under the 10 percent EWS category only after first earmarking seats to NRI.The plea said that Assam does not have private medical colleges and the NRI admissions would be ultra vires Article 14 and 15 of the Constitution as the same gives priority to NRI class while treating EWS category applicants differently.The move commercialises education and is tantamount to medical institutions in the State charging capitation fee for admission, it was contended.Further, the amendment to the rules to allow such NRI quota was made only at the fag end of the admission process for National Eligibility cum Entrance Test 2023 (NEET 2023), it was pointed out."The process for NEET - 2023 commenced in, March 2023, at the fag end of the process, the impugned amendment has been made applicable to the present academic session with an "Educational Notice" being issued by the Director of Medical Education, Government of Assam inviting applications from candidates willing to apply under the newly formed NRT/NRI sponsored quota category, thereby invading into the selection procedure at last minute, disadvantaging the EWS candidates and virtually ensuring berths for the NRI/NRI sponsored candidates in the older and prominent in medical colleges of Assam," the petitioner submitted.The fees for NRIs is $25,000 per year which will turn education into a business, the plea alleged."The rules seek to push out the students who belong to the economically weaker sections ... depriving them of their right to obtain a medical education, are ex facie illegal," it was submitted..Senior Advocate Indira Jaising along with advocates Fuzail Ahmad Ayyubi, Mustafa Khaddam Hussain, Paras Nath Singh, Rohin Bhatt, Ibad Mushtaq and Akanksha Rai represented the petitioners..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.