Panel to scrutinise NRI admissions

Panel to scrutinise NRI admissions
EXPRESS NEWS SERVICE

AHMEDABAD, JAN 23: In a significant judgment, the Gujarat High Court has ordered setting up of a five-member committee to ensure that admissions to professional courses on NRI quota are given on merit and that unfilled NRI seats be transferred to the payment seats quota.

The judgment was delivered by a Division Bench comprising Justice B C Patel and Justice Ravi R Tripathi in a public interest litigation (PIL), filed by advocate Amit M Panchal, seeking direction that educational institutions and authorities fill NRI quota strictly according to the regulations. The petitioner had alleged that unfilled NRI seats were carried forward to the next year and often given to non-NRI students as defined under the regulations.

The court has also directed that if the committee finds that admissions already given in the present academic year are not on merit basis, i.e. without advertising in newspapers or had left out more meritorious students, then the committee will advertise for the vacant NRI seats and fill them on merit.

The court further directed all colleges, managements and educational institutions to cooperate with the committee to enable it to complete the admission procedure. Also the committee is required to give a public notice for filling vacant NRI seats before February 15, the court directed. The court also said that the committee would regulate the admission process every year until a competent authority formulates such regulations.

The petitioner had alleged that several institutions had given admissions contrary to the principles laid down by the Supreme Court in Unni Krishnan's case. The educational institutions and authorities ought to follow the principles laid down by the apex court while giving admissions on NRI quota, the petition said. It also contended that admissions should be handled by an independent committee so as to check the arbitrary discretion used by the managements in filling NRI quota.

Pointing out the arbitrary way in which admissions were given by the institutions, the petitioner argued, ``Principle of merit was given the go-by and by exercising their discretion arbitrarily by charging fees for admission at a much higher rate and contrary to the regulations, and the State has not taken action in the matter. This has resulted in gross injustice to meritorious students.''

He further contended, ``The managements of colleges and institutes failed in their duties in selecting meritorious students and concentrated only on collection of fees on the ground of running the institutes.'' Most of the colleges and institutes did not give proper publicity of available seats and admitted students on NRI seats, it was contended.

The court said that the word NRI was to be understood in the sense indicated in the Income-Tax Act. If genuine NRI students are not available, then equal treatment should be given to all students seeking admission, the court observed.

Advocate general S N Shelat and government pleader Arun Oza appeared for the State government whereas Advocate Kamal Trivedi appeared for educational institutions.