NRI candidates are entitled to to admission against NRI quota on the basis of +2 class merit
Entrance test not necessary for NRI candidates to MBBS courses in Punjab -HC
Chandigarh, June 22 :
Punjab and Haryana High Court has made it clear that the NRI candidates to MBBS courses in Punjab are entitled to admission against NRI quota seats on the basis of qualifying marks obtained in the 12 class examination, subject to equivalence certificate issued by Baba Farid University.
A Division Bench comprising Justice SS Saron and Justice Amol Rattan Singh set aside an order passed by a Single Judge holding that it was mandatory for the NRI students to appear in the PMET or the common entrance test.
The Division Bench added its order would not result in the dislodging of other students already admitted.
The judgment was pronounced after hearing an appeal by Jagraj Singh Dosanjh and five other students. The appellants had not cleared the common entrance test but became eligible for selection under the NRI category seats on the basis of the 12th class exam.
The Bench observed the State of Punjab too supported the appellants’ plea that it was not necessary for NRI students to appear in the common entrance test.
Their requirement to appear in the PMET was only because of a circular dated January 16 last year, which was invalidated by the Karnataka High Court and subsequently withdrawn by the MCI in September 2015.
The Bench added private respondents or the general category students admitted against NRI quota seats were higher on merit. The first professional course of MBBS 2015 session was mid-way. “Therefore, it would be improper at this stage to disturb or dislodge the students who are private respondents herein from pursing their academic course”.
The Single Judge had earlier quashed a public notice for filling vacant seats in MBBS and BDS courses under the NRI category on basis of qualifying class XII examination marks.
Challenging the order, the counsel for the petitioners had contended that the appellants fulfilled necessary eligibility requirements. Referring to the Punjab Private Health Sciences Educational Institutes (Regulations of Admission, Fixation of Fees and Making of Reservation) Act, Chhibbar stated admission to all categories of seats in private health sciences institutes, except in case of foreign Indian students, was to be made on the basis of inter-se merit of the candidates appearing in the common entrance test.