“Allocation of 7% of seats to NRIs takes precedence over candidates from the Economically Weaker Section (EWS). As per the 2023 rules, a 10% quota for EWS candidates is only considered after the allocation of 7% of seats from the state’s six older colleges in Assam.”
— Petitioner’s Lawyer
In a recent decision, the Supreme Court of India has put a temporary hold on the implementation of the 7% Non-Resident Indian (NRI) quota for MBBS admissions in Assam. A judicial bench comprising of Justices Ravindra Bhatt and Aravind Kumar responded to a legal plea challenging the validity of the state’s regulation that reserves 7% of seats in Medical Colleges specifically for NRIs, as reported by indiatoday.in.
During the hearing, the petitioner’s senior advocate, Indira Jaising, argued that the allocation of 7% of seats to NRIs takes precedence over candidates from the Economically Weaker Section (EWS). As per the 2023 rules, a 10% quota for EWS candidates is only considered after the allocation of 7% of seats from the state’s six older colleges in Assam.
Advocates Fuzail Ayyubi, Ibad Mushtaq, and Mustafa Khaddam Hussain contended that the reservation for NRIs essentially resembles the imposition of a capitation fee by the Assam government.
This legal petition was filed by two individuals belonging to the EWS category. It challenged the practice of reserving 7% of seats from the state quota for both NRIs and candidates sponsored by NRIs, arguing that this allocation contradicts “Articles 14 and 15” of the Constitution, which deal with equality and non-discrimination.
This case holds significant implications as Assam does not have private medical colleges. The amendment, in effect, prioritizes NRIs over EWS candidates in older and more established medical institutions, restricting EWS candidates to the relatively newer colleges
The plea highlights that the Constitution doesn’t envision reservations, which inherently deviate from the principles of equality, for NRIs or those who are already privileged. Thus, by pegging the NRI seats at a fee of $25,000 per seat annually, the state is effectively imposing a capitation fee, as claimed by the petition.
The petitioners also emphasized that as per the contested amendment, the allocation of 10% of seats for EWS candidates would only be considered after 7% of seats are allocated for NRIs in six of Assam’s older medical colleges. These colleges include Assam Medical College, Gauhati Medical College, Silchar Medical College, Jorhat Medical College, Fakhruddin Ali Ahmed Medical College, and Tezpur Medical College.
The petitioners argued that this specific categorization and allocation process significantly disadvantages EWS candidates, leaving them with only the remaining seats. This approach, they assert, diminishes the opportunities for EWS candidates to secure admission in these prestigious older medical colleges of Assam.
This case holds significant implications as Assam does not have private medical colleges. The amendment, in effect, prioritizes NRIs over EWS candidates in older and more established medical institutions, restricting EWS candidates to the relatively newer colleges.
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