India’s Supreme Court Rejects Punjab’s Expansion of NRI Quota, Calls it a “Complete Fraud”

In a significant ruling, the Supreme Court of India has dismissed a petition by the Punjab Government challenging the Punjab and Haryana High Court’s decision to annul the expansion of the Non-Resident Indian (NRI) quota for MBBS and BDS admissions. The Apex Court labeled the move as a “complete fraud” and a “money-spinning tactic” aimed at exploiting the education system.

The Punjab Government had issued a notification on August 20, 2024, which broadened the definition of an NRI candidate to include distant relatives, such as uncles, aunts, grandparents, and cousins, under the 15% NRI quota for admissions in medical colleges. This controversial change aimed to increase the number of eligible applicants for the quota, but it raised concerns about potential misuse and favoritism.

The High Court, in its judgment on September 10, 2024, quashed the notification, asserting that it violated the original intent of the NRI quota policy. The court argued that this expanded definition would allow individuals who did not genuinely qualify as NRIs to take advantage of the seats, depriving more deserving candidates of their rightful opportunities.

A Bench led by Chief Justice of India (CJI) DY Chandrachud did not mince words while rejecting the Punjab Government’s appeal. “This NRI business is nothing but a fraud,” stated the Chief Justice. “Let us put a lid on this. What is a word? You just have to say I am looking after X. See the students who got three times high (marks) have lost out. We cannot lend our authority to something which is blatantly illegal.”

The Court also emphasized the harmful consequences of such a policy, particularly how it undermines merit-based admissions. Candidates with significantly higher marks in competitive exams like NEET-UG could lose their seats to less qualified individuals, purely because of their distant connections to NRIs.

The Supreme Court’s dismissal echoed the sentiments of the Punjab and Haryana High Court, which had thoroughly reviewed the case before issuing its ruling. The top court agreed that expanding the NRI quota in such a manner was a violation of the core principles of fairness and meritocracy in education.

“You (Punjab Government) say the nearest relation of an NRI will also be considered. A ward is also anyone’s ward. What is this? This is just a money-spinning tactic of the state,” added the Bench, which also included Justice JB Pardiwala and Justice Manoj Misra.

This ruling marks a significant moment in the ongoing debate over the use of NRI quotas in Indian educational institutions. While several states, including Himachal Pradesh, Uttar Pradesh, and Chandigarh, have implemented similar policies, the Supreme Court’s strong stance may lead to reconsideration of such rules nationwide. Senior advocate Shadan Farasat, representing the Punjab Government, attempted to defend the notification by citing these states as examples. However, the Court was not convinced by his arguments.