New Delhi: The Supreme Court on Wednesday issued notice to Assam government and National Medical Commission (NMC) on a plea against state government’s decision to divert the quota earmarked for the economically weaker sections (EWS) to NRIs.
A bench comprising justices S Ravindra Bhat and Aravind Kumar said, “Issue notice, returnable after two weeks…..Liberty is also granted to serve the Standing counsel for the State of Assam”. The apex court’s direction came on a plea filed by Hadijjuaman Laskar and others through advocate Fuzail Ahmad Ayyubi and senior advocate Indira Jaising represented the petitioners before the court.
The plea said, “The state government sought to introduce a novelty of 7% quota in seats for NRI/NRl sponsored candidates, prioritising such candidates in the premier medical colleges of the State over the candidates belonging to the EWS category, and therefore, the 2023 amendment to the 2017 rules is made the subject of challenge in the present petition being in brazen and complete violation of Article 14, 1 5,19, and 21 of the Indian Constitution”.
The top court, in its order, said, “No further allocations/allotment shall be made to the seats or admissions in the quota originally earmarked for EWS category which has now been diverted to NRI quota”. The plea said on July 17, 2023, the governor of Assam issued a notification notifying the Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS or BDS Courses) (Amendment) Rules, 2023, providing therein a 7% quota for NRI/NRI Sponsored candidates. The plea said at the same time, the existing 10% EWS quota was indicated to be allocated only after deduction of 7% NRI/NRI sponsored seats in six premier medical colleges of Assam.
The plea contended that Assam has no private medical colleges and all admissions through National Eligibility-cum-Entrance Test (NEET) conducted by the NMC, are made to thirteen government medical colleges in the state, by way of an amendment to the existing Medical Colleges and Dental Colleges of Assam (Regulation of Admission into 1st year MBBS or BDS Courses) Rules 2017.
The plea contended that while in addition to over 49% reservations in the state quota seats in Assam's medical colleges, an additional 10% seats were earlier reserved for EWS candidates, the impugned 2023 amendment, while providing a 7% quota for NRI/NRI sponsored candidates, provides that henceforth such 10% EWS seats would be allotted from the total state quota seats "after deduction of NRl/NRI sponsored seats belonging to Assam Medical College, Gauhati Medical College, Silchar Medical College, Jorhat Medical College, Fakhruddin Ali Ahmed Medical College and Tezpur Medical College".
The plea said: “The criterion adopted and the arbitrary rejig, therefore, defeats the very purpose of providing affirmative action for the EWS category candidates by prioritising the NRI/NRI sponsored candidates and virtually ensuring that the EWS candidates are sidestepped while NRIs get the benefit of premier institutions”.
