HC terms special test for NRI students illegal
Saturday, 07/09/2013
http://www.tribuneindia.com/2013/20130907/punjab.htm#3
Chandigarh : In a significant judgment, the Punjab and Haryana High Court declared “patently illegal” the Punjab Government’s action of asking NRI students to appear for a special test for admission to an MBBS course in Punjab.
The significance of the judgment can be gauged from the fact that a bunch of 19 writ petitions were filed by NRI students, and placed before Justice Rakesh Kumar Jain for adjudication.
Mincing no words on the petitions filed by Sushriya Sachdeva and other petitioners against the State of Punjab and another respondent, Justice Jain asserted: “The action of the respondents for asking the NRI students/petitioners to appear in a special test as a qualifying exam for the purpose of admission in the MBBS/BDS course is patently illegal and is declared as such.
“The petitioner is to be offered admission on the basis of eligibility criteria as provided in the notification dated March 31, 2008, which is silent with regard to any entrance test”. The petitioners’ case was that the NRI students were treated as a separate category and admissions were offered on the basis of marks obtained in the qualifying examination equivalent to 10+2, as per 1977 regulations and notification dated March 31, 2008.
The process of admission to MBBS/BDS course for session 2013-14 started in December 2012, when the Central Board of Secondary Education issued notice for conducting national eligibility-cum-entrance test (NEET-2013).
Held on May 5, NEET was not prescribed for NRI students; and they did not apply for it. But on June 5, the day NEET result was declared, a notification was issued making it compulsory for NRI students.
Observing that the test was held on May 5, and made compulsory the day the result declared on June 5, Justice Jain asserted: “I am in agreement with the arguments raised by counsel for the petitioner that he can not be compelled to do the impossible…”
