( 1. ) IN this batch of writ petitions the petitioners have called in question the substantiality of the decision taken by the Committee for admission Procedures for Professional Institutions (hereinafter referred to as the committee) whereby the Committee has called the admissions of the petitioners to the respondent No. 3, R. D. Gardi Medical College, Ujjain (for short the college) on the ground that they were not entitled to be admitted under the Non resident Indian (NRI) quota. That being the centripodal issue in all the writ petitions they were heard analogously and are disposed of by a singular order. For the sake of clarity and convenience the facts of Writ Petition 13500/2007 are adumbrated herein.

( 2. ) THE petitioners have taken admission in the respondent-College in respect of 15% NRI quota on the foundation that they have been sponsored by the NRI. It is contended that the College was satisfied with regard to the status of nri sponsorship of the students/candidates but the Committee took up the matter and cancelled the admission on the ground that they are neither the children of nris nor the wards. It is averred in the petition that the petitioners come within the concept of students sponsored by NRIs and meet the requirement in that regard and hence, the finding of the Committee is totally illegal, unjust and improper. ( 3. ) BE it noted that in pursuance of the order dated 7-2-2008 written notes of submissions have been filed by the Committee as well as by the College. The committee in its written note of submissions has filed the result sheet of DMAT, 2006 and the records relating to various students. The basic stand of the committee is that the students are not the children of NRIs and there is no material NRIs have supported or looked after them except that they have paid their fees.

( 4. ) THE respondent-College in its written note of submissions has stated that the bona fides of the petitioners were scrutinized and they have been treated as the wards of NRIs and on that basis they were granted admissions. It is also highlighted by the respondent-College that most of the students have secured first Division in the qualifying examination i. e. (10 + 2) and a chart in that regard has also been filed. It is contended that the merit has not been completely given a go-bye. It is putforth that for taking admission under the NRIs quota, appearing in the Common Entrance Test is not necessary. It is also putforth that institution has not mis-utilized the NRI quota. Reliance has been placed upon the case of Ruchin Bharat Patel vs. Parents Association for M. D. Students and others, Civil Appeal No. 4480/2006 decided on 13-11-2006 wherein certain directions were issued for admission of students under NRI quota. Additionally specific submissions have been made how the students have been sponsored and fulfil the requisite criteria.

( 5. ) WE have heard Mr. B. Vede, Mr. Mohd. Ali and Mr. Sheel Nagu, learned counsel for the petitioners, Mr. Samdarshi Tiwari, learned Government advocate for the State, Mr. P. K. Kaurav, learned counsel for the respondent-Committee and Mr. Ashok Lalwani, learned counsel for the respondent-College.

( 6. ) AT the outset we must state that there is no cavil over the fact that the petitioners have been sponsored by the Non Indian Residents (NRIs), but the controversy relates to their relationship with the students. Thus, two questions which emerge for consideration are whether the petitioners could have been admitted without appearing in the Common Entrance Test and whether they can be regarded as the wards of the NRIs. In this context, we may refer with profit to paragraph 131 of the decision rendered in the case of P. A. Inamdar vs. State of maharashtra, (2005)6 SCC 537. In the said paragraph it has been held as under:-

"131. Here itself we are inclined to deal with the question as to seats allocated for Non-Resident Indians ("nri" for short) for NRI seats. It is common knowledge that some o