The Hindu : Kerala News : High Court order on NRI medical seats stayed

Online edition of India's National Newspaper
Friday, Jan 28, 2005

Kerala

Kerala

High Court order on NRI medical seats stayed

By J. Venkatesan

NEW DELHI, JAN. 27. The Supreme Court today stayed the operation of a judgment of the Kerala High Court holding that the 15 per cent seats reserved for NRI students in the self-financing medical colleges should be carved only out of the 50 per cent management quota and not out of the total number of seats in each self-financing medical college.

A Bench of Justice Y.K. Sabharwal and Justice Tarun Chatterjee stayed the order on a special leave petition filed by the Cooperative Medical College (CMC), Kochi during `mention time' after senior counsel Rohinton Nariman pleaded for stay of the judgment dated January 17. The Bench issued notice to other respondent-students and the Kerala Government.

The High Court had also ordered that those who had been admitted in excess of the 15 per cent NRI quota should go out. The admission to the seats falling vacant should be made strictly on the basis of the percentage of marks obtained by students in the qualifying examination.

Assailing the judgment, the CMC submitted that the Government of India had approved 100 seats for the college and of them 15 per cent was reserved for NRI students.

Accordingly, 15 students were admitted and the Medical Council of India had granted approval for this admission. Further, in all other self-financing medical colleges, admission to 15 per cent NRI quota had been made on the total seats only.

The SLP said that if the High Court judgment were implemented, it would cause chaos in the process of admission, which was already completed. Out of the seven students who would be displaced, only two students could be admitted and the remaining five seats would remain vacant, as the students to be admitted would not be in a position to fulfil the attendance requirements.

Moreover, the Medical Council had made it clear that no admissions could be made after September 30.

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