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In a judgment which will have far-reaching consequences,the Punjab and Haryana High Court on Thursday ruled that seats reserved for Non-Resident Indian (NRI) in Panjab University cannot be converted into general category seats,in case these were left vacant.
Justice Permod Kohli passed the judgment,which would be applicable to all seats reserved for NRI students.
The decision comes as a breather for PU,as the High Court has upheld the university rule in this regard.
Justice Kohli observed,In any case,(the university) prospectus also achieves the status of binding law and should not be casually and lightly interfered with. I find no valid reason to strike down the condition in the prospectus merely because there are candidates desirous to seek admission against the NRI seats…in the event the seats are converted into general category. Conversion of such seats is impermissible.
Justice Kohli further ruled: The object and purport of NRI seats is to provide opportunity to non-resident Indians to unite their children with Indian culture and to explore the possibility of their return to India at some stage.
The directions were passed on a petition filed by one Rajiv Chugh,who had applied for admission to the LLB course in 2009. The petitioner could not get admission,as all seats in the general category were filled up,except 27 NRI seats which remained vacant.
Appearing on behalf of PU,advocate Anupam Gupta had submitted that there was a specific embargo on conversion of NRI seats into general category seats in the Handbook of Information and Rules for Admission. Gupta had said it was not permissible to convert these seats and give admissions to candidates from general category.
On the other hand,the counsel for the petitioner had said if NRI seats were allowed to be taken up,the university would not have to expand its infrastructure to accommodate more students.
Justice Kohli,however,observed that there was no merit in the petition and dismissed it.
Later,while talking to Newsline,Gupta said,The NRI quota is an island of privilege. It is an unfortunate exception to the Constitutional mandate of equality. Any attempt to enlarge it must be stoutly resisted. I look forward to the day when the Supreme Court will overrule itself and reject the NRI quota as unconstitutional.
50% NRI seats go vacant every year
In the 65 departments and three regional centres of Panjab University,453 seats are reserved for NRIs. Officials said nearly 50 per cent of these seats go vacant every year.
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