VidhiSangh

Supreme Court of India · 18/05/2022

MAHA P. & ORS. versus THE STATE OF KERALA & ORS.

[2022] 4 S.C.R. 90 · 2022 INSC 585

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Summary

After two rounds of NEET-UG 2021-22 counselling exhausted the NRI rank list, 57 of 358 NRI-quota seats in private medical colleges remained vacant; the colleges' association sought time for fresh NRI registrations, but the Commissioner for Entrance Examinations refused and converted 45 vacant NRI seats to State merit seats. The Kerala High Court upheld this under clause 5.5.4 of the Prospectus, treating the NRI quota as a 'special reservation'. The Supreme Court dismissed NRI aspirants' appeals: the High Court's reading of clause 5.5.4 was erroneous, but the conversion followed the Medical Counselling Committee's unchallenged Information Bulletin, only four appellants had registered NRI options and none for the converted seats, and the larger question whether vacant NRI seats in unaided colleges can be transferred to the State is pending before a Constitution Bench.

Issues

  1. Whether vacant NRI-quota seats in unaided private medical colleges in Kerala could be transferred to the State merit quota under clause 5.5.4 of the Prospectus on the footing that the NRI quota is a 'special reservation'.
  2. Whether candidates who neither challenged the Information Bulletin providing for conversion of vacant NRI seats during the mop-up round nor exercised options for those seats can obtain relief against the conversion, and whether refusal of further time for fresh NRI registrations was arbitrary.

Provisions considered

Held

Result

Appeals dismissed; the Kerala High Court's judgment of 08.04.2022 in W.A. No. 485 of 2022 declining further time for fresh NRI-quota registrations and the conversion of 45 vacant NRI seats to State merit seats left undisturbed, though the High Court's reasoning under clause 5.5.4 of the Prospectus is held erroneous and the question of transferring vacant NRI seats to the State is left to the pending Constitution Bench reference.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 90.