The appellants are aggrieved by a decision of a Division Bench of the Rajasthan High Court, which upset the findings of a learned Single Judge of that High Court, who found that the change of seat matrix for admission to post graduate (PG) medical and dental seats in colleges in the State of Rajasthan, for the academic year 2020-21, by eliminating the Non-Resident Indian (NRI) quota was unsustainable in law. The appellants were admitted pursuant to the direction issued by the learned Single Judge, who had ruled that the deletion of such quota was contrary to law. Two sets of appeals and intervention applications arise for consideration: one, appeals arising from petitions filed by Dr. Nilay Gupta, and Dr. Surmil Sharma, the original writ petitioners (who had succeeded before the single judge and were consequently given admission as NRI candidates) and two, appeals filed by Dr. Arushi Mittal, Dr. Priyanka Sharma, Dr. Anjali Agarwal, Dr. Aditya Punia, Dr. Varun Bhargava and Dr. Deepak Ramnani, who are aggrieved by the impugned judgment inasmuch as the admissions they were granted pursuant the single judge’s directions, despite not being parties to the original writ petition, have now been overturned. An application to intervene has been preferred by Dr. Tirth Jitendra Kumar Modi, who was granted admission to a PG course in the respondent private college on 27.08.2020, after the impugned judgment was delivered; he has paid the fees and attended classes so far.
it is evident that the NRI quota is neither sacrosanct, not inviolable in terms of existence in any given year, or its extent. However, if a medical college or institution or, for that matter, the state regulating authority, such as the board in the present case, decide to do away with it, reasonable notice of such a decision should be given to enable those aspiring to such seats to choose elsewhere, having regard to the prevailing conditions. 34. In the circumstances of this case and to do justice to all the parties, this court is of the opinion that a special counselling session should be carried out by the board, confined or restricted to the seats in respect of which admissions were made pursuant to the single judge’s directions. In this counselling session, the board should ensure participation of the concerned colleges; the counselling shall be a limited one, confined only to the number of seats offered and filled as a result of the single judge’s judgment. Such seats shall be offered to the NRI applicants solely on the basis of merit; the seats vacated by such merited students (in the other disciplines) shall then be offered to the beneficiaries of the single judge’s orders. If for any reason, such students (i.e. lower down in NRI merit, who are offered seats in other disciplines) do not wish to take up the offer, the college concerned shall refund the fee collected from such student. It is also made clear that this special round of counselling should not disturb those admissions, where students had accepted the deletion of the NRI quota, and were accommodated in the management quota, unless they had approached the court at the earliest opportunity, in April 2020, before the judgment of the learned single judge. The entire process shall be completed with a week from the date of this judgment. 35. This court clarifies that the validity of deletion of the NRI quota altogether, by colleges, and their “merger” as part of the larger management quota, was not questioned as a general proposition; the premise on which the parties argued their cases was that the NRI quota is inflexible and cannot be altered. The time within 27 which an institution decides to do away with the quota during an ongoing admission process has not been prescribed, inasmuch as the observations as to unfairness in the nature of the deletion is in the specific circumstances of this case. Likewise, the directions in the previous paragraph are with regard to the circumstances of this case, and to do complete justice to all parties.