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2017 Supreme(SC) 1901

DIPAK MISRA, KURIAN JOSEPH, AMITAVA ROY
Consortium Of Deemed Universities In Karnataka (Codeunik) – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. Rajeev Dhawan, Sr. Adv. Ms. Farah Fathima, Adv. Mr. Mahesh Thakur, AOR
For the Respondents: Mr. P.S. Narasimha, ASG Ms. Arunima Dwivedi, Adv. Mr. Gaurav Sharma, Adv. Ms. Amandeep Kaur, Adv. Mr. Prateek Bhatia, Adv. Mr. Dhawal Mohan, Adv. Ms. Deepeika Kalia, Adv.

ORDER :

1. Heard Dr. Rajeev Dhawan, learned senior counsel along with Ms. Farah Fathima, learned counsel for the petitioners, Mr. P.S. Narasimha, learned Additional Solicitor General for the Union of India and Mr. Gaurav Sharma, learned counsel for the Medical Council of India.

2. The matter was listed today for consideration of the filling up of NRI quota seats. Dr. Rajeev Dhawan, learned senior counsel appearing for the petitioners has drawn our attention to the letter circulars dated 13th July, 2017 and 28th July, 2017, issued by the Directorate General of Health Services. According to him, the said communications create an anomalous situation as a consequence of which the description of NRI has become extremely difficult. He has drawn our attention to a passage from P.A. Inamdar vs. State of Maharashtra (2005) 6 SCC 537, wherein the Constitution Bench has held thus:-

    “Here itself we are inclined to deal with the question as to seats allocated for Non-Resident Indians ('NRI', for short) or NRI seats. It is common knowledge that some of the institutions grant admissions to a certain number of students under such quota by charging a higher amount of fee. In fact, the term 'NRI' in re

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