Chhattisgarh HC secures NRI quota in MBBS Admissions, overturns state’s restrictive notice

The Chhattisgarh High Court’s decision nullifies the October 18 notice, upholding the petitioners’ rights to continue their medical studies without additional scrutiny. The state may introduce revised rules for future academic sessions, but the court maintained that retroactive changes are not permissible under current law

PRAVASISAMWAD.COM

In a decisive ruling, the Chhattisgarh High Court has overturned a recent state notice that sought to impose additional scrutiny on MBBS admissions under the NRI quota, differentiating between students admitted before and after September 24, 2024, timesofindia.indiatimes.com reported.

The October 18, 2024 notice came in response to a Supreme Court dismissal of an appeal challenging a Punjab & Haryana High Court ruling on NRI admissions. However, the High Court of Chhattisgarh clarified that the Supreme Court’s dismissal, given in limine, did not address the case’s merits nor establish a binding precedent.

The division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru asserted that admissions granted under the state’s existing 2018 rules should remain valid. The court highlighted that the Supreme Court’s summary dismissal of the appeal did not create a legal precedent under Article 141 of the Indian Constitution, which means the state cannot retroactively enforce stricter criteria on students already admitted. The state government, however, is permitted to revise admission rules for future academic years if necessary.

This judgment brings significant relief to NRI quota MBBS students and underscores the importance of consistent regulatory practices in education

The court’s decision followed petitions filed by students who had secured MBBS seats under the NRI quota, adhering to the 2018 Chhattisgarh Admission Rules. These students argued that the state’s directive subjected those admitted after September 24 to an arbitrary verification process, while earlier admissions were unaffected. According to the petitioners, the state’s approach unfairly penalized certain candidates despite both groups meeting identical requirements under the prevailing rules.

In its ruling, the court emphasized that the 2018 rules on NRI admissions remained unamended and therefore applicable. The judges stated that imposing different standards for students admitted on or after September 24, 2024, without a formal rule change would breach principles of fairness and equality. Additionally, the court criticized the selective application of another High Court’s judgment, clarifying that the Supreme Court’s dismissal of the related appeal did not mandate any change in the admissions criteria for Chhattisgarh.

Legal counsel for the petitioners, led by senior advocate Abhishek Sinha, contended that the state’s abrupt policy shift contravened the rules in effect at the time of admission. The petitioners emphasized that once admissions are granted based on established guidelines, mid-process alterations lack legal justification. Citing the Supreme Court’s PA Inamdar ruling, the counsel argued that NRI admissions rules could not be retrospectively applied without prior notification or amendment.

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