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A single judge bench of Rajasthan High Court consisting of Justice Sanjeev Prakash Sharma held that NRI quota is not available in State Government Institutions. In the present case a writ petition was filed by the Mahatma Gandhi University of Medical Sciences and Technology against the notification Director of Medical Education does not have any power to issue guidelines regarding NRI quota.
It was submitted by the petitioner that the NRI quota is being given State Government Institutions in accordance with the impugned order. It was also submitted that the guidelines which have been laid down in the said order are only meant for the deemed universities and the same could not be extended to the statutory universities. The petitioner took the reliance of case Consortium of Deemed Universities in Karnataka & Anr. Vs. Union of India &Ors decided by the Supreme Court in which it was held that the guidelines are only meant for the Deemed universities. He also cited a judgement of Rajasthan High Court in the case of Vipul Grag Vs. State of Rajasthan. It was also contended that the criteria for admission through NRI seats could be best laid down by Government formed Permanent Committee as held in Islamic Academic of Education & Anr. Vs. State of Karnataka &Ors.
After considering all this, the court held that NRI quota is essentially meant for Private Institutions and it has to be done in accordance with the guidelines of the Permanent Committee formed by the Government a per the Supreme Court Judgment in Islamic Academic of Education &Anr. Vs. State of Karnataka &Ors. The court said that NRI quota is not available for admissions in State Government Institutions. The court also directed for the issuance of notice in the present caser and stayed the admissions in NRI quota in accordance with the impugned order.
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