Karnataka High Court stays order to medical colleges to surrender NRI seats

Bengaluru: A division bench of the Karnataka High Court on Monday passed a conditional interim order in writ appeals filed by certain private medical colleges, directing them to deposit within eight weeks the differential amount of fees.

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind directed the appellant colleges to pay the differential amount of fees—fees fixed by the government and the amount actually collected by them under NRI/management quota from the 2018 batch students.

“This direction is without prejudice to the rights of the appellants and to balance the equities between the parties,” the bench said after hearing the writ appeals filed by Vydehi Institute of Medical Sciences and other colleges. The bench also said that subject to compliance of this order of payment, the direction issued by the state government for surrendering of seats is stayed.

The colleges had challenged the April 25, 2024 order of the single bench based on which the Directorate of Medical Education (DME) had directed the colleges to hand over an equal number of seats from their NRI quota in the current academic year.

This was for the seats the colleges allegedly admitted students under NRI/management quota after blocking the seats in collusion with certain students. As many as 200 seats in 17 medical colleges were identified for surrendering to the government quota and to be included in the seat matrix.

It was alleged that the medical colleges, in collusion with certain students, manipulated the admission process by blocking the seats, which does not align with merit criteria set by the Karnataka Examinations Authority (KEA). The single judge bench had observed that deviation from the merit based admission process is clear violation of both regulations and judicial directives.

While dismissing the petitions filed by the colleges, the single judge bench had observed that the allocation of seats, meant for meritorious students, to less qualified applicants was a clear violation of principles of justice, equity and meritocracy.

The single judge further had stated that the approval of admission of such students will be subject to the medical colleges surrendering and transferring seats from management/NRI, out of 20 per cent quota, to the state merit quota for the upcoming academic year. The single bench said the transfer should be completed in compliance with the guidelines set forth by the KEA and directed the colleges to give an undertaking that they will ensure transparency and fairness in the admission process.