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2022 Supreme(Ker) 702

DEVAN RAMACHANDRAN
Rihan Kochery S/o Dr. Nizar Kochery – Appellant
Versus
Registrar, National University of Advanced Legal Studies, Ernakulam – Respondent


Advocates Appeared:
For the Petitioners: P. USHAKUMARI, A.D. SHAJAN.
For the Respondent: PARVATHY K.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioner alleges that, against the nine seats available with the National University of Advanced Legal Studies (NUALS) under the Non Resident India Quota (hereinafter “NRI quota” for short) they have only filled up six; and therefore, that he is entitled to apply for one among the remaining.

2. However, the contra stand for the NUALS is that, even though they have been allowed to admit students in the “NRI quota” which is a supernumerary one, upto 15% of the total student strength; as a matter of policy, they have chosen only to accept a portion of the same. The University thus repels the claim of the petitioner, arguing that he cannot obtain or even claim a vested right under the “NRI quota.”

3. I have heard Smt. P. Ushakumari - learned counsel for the petitioner and Sri. Pauly Mathew Muricken - learned Standing Counsel for the NUALS.

4. As recorded above, the specific stand of Sri. Pauly Mathew Muricken is that, though the NUALS could have ear marked nine seats under the “NRI quota” under the warrant offered to them by the Government, they chose - as a matter of policy, to fix it as six and that all of them have been filled up. He then added

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