Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(P&H) 8951

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ashwani Kumar Mishra, Rohit Kapoor, JJ
Rushali Singhal – Appellant
Versus
State of Haryana – Respondent
CWP-8173-2026 | CWP-5859-2026

Advocates:
For the Appellants/Petitioners: Aashish Chopra, Yash Pal Sharma, Arav Gupta, K.B. Raheja
For the Respondents: Pankaj Middha, H.S. Gill, Ajay Kumar Jain

In cases of competing claims for a solitary academic seat under the NRI quota, the Court held that merit is the primary consideration, and strict technical eligibility criteria regarding relationship definitions may be relaxed where a candidate has superior merit and has acted to their detriment based on administrative actions.

Headnote:(A) Medical Admission - NRI Quota - Eligibility and Preference - Merit vs. Technical Compliance - Conflict between two candidates for a single vacant PG MS seat - Admission criteria requires payment of fees via NRI account and specific blood relation - Second candidate failed to deposit fees via NRI account - First candidate had higher merit and central government recognition as NRI candidate but had a questionable blood relation link in state norms - Court held merit should be the primary consideration in case of competing claims for a solitary vacancy - First candidate who acted in good faith by foregoing other opportunities based on provisional allotment preferred - (Para 13, 14)

Facts of the case:
Two students (First Candidate and Second Candidate) claimed the same solitary PG MS (Obstetrics and Gynecology) seat under NRI quota. The second candidate was denied admission due to failure to pay fees through an NRI account, while the first candidate's eligibility was questioned regarding the degree of relationship with the NRI sponsor, despite having higher NEET merit and central government recognition.

Findings of Court:
The Court observed that the seat should not remain vacant. While the second candidate's disqualification for fee payment was valid, the Court found that her provisional allocation did not bar her from the stray vacancy round. However, comparing the two, the first candidate held higher merit and had acted in reliance on the State's provisional offer, therefore, her claim was granted preference.

Issues: Whether merit or strict technical compliance with relationship definitions should govern for a solitary vacant seat and whether provisional allocation bars participation in subsequent rounds.

Ratio Decidendi: In a situation of competing claims for a solitary seat, merit is the primary consideration. Technical deficiencies regarding relationship definitions can be relaxed in peculiar facts to prevent seat wastage, especially where a candidate has superior merit and has suffered detriment by relying on a provisional offer.

Result: Petition of First Candidate allowed; Petition of Second Candidate dismissed.

Table of Content
1. overview of competing claims for a single pg medical seat. (Para 1 , 2 , 3)
2. analysis of nri quota fee compliance and stray round eligibility. (Para 4 , 5 , 6 , 7)
3. evaluation of nri sponsorship relationship criteria and reliance injury. (Para 8 , 9 , 10 , 11 , 12)
4. prioritizing merit in resolving competing claims to ensure seat utilization. (Para 13 , 14)

ASHWANI KUMAR MISHRA, J. (Oral)

CM-5090-CWP-2026

Application for placing on record documents Annexure P-18 to P-20, is allowed subject to all just exceptions.

Main Cases.

1. These two petitions have been filed by the students who are claiming admission against the same seat. The question is as to which of the two candidates has a preferential claim against the said seat.

2. At the outset, we may note that if both the candidates are not considered for the seat, the seat itself would remain vacant for the academic session. The admission is to PG seat of Master of Surgery (Obstetrics and Gynecology). For the sake of convenience, Petitioner – Rushali Singhal is hereby referred to as ‘First Candidate’ while petitioner Malyavi Gupta is referred to as ‘Second Candidate’.

3. The admission to MS course is pursuant to a notification issued by the Government of Haryana dated 10.11.2025. 15% seats out of management quota seats in Private Medical College affiliated to Pt. B.D. Sharma University of Health and Science, Rohtak, including those under private universities are reserved for NRI category. The prospectus specifies hierarchy in which candidates are to be accorded preference in the NRI quota. The hierarchy as is indicated in the brochure is reproduced as under:-

“Admission to NRI category (NRIs/PIOs/OCIs/Foreign Nationals)

15% seats out of management quota seats in private medical colleges affiliated to Pt. BD Sharma UHS, Rohtak including those under Private Universities namely SGT University, Budhera, Gurugram and Al-Falah University, Faridabad shall be reserved under NRI category seats.

The procedure for admission to NRI quota seat shall be as under:-

1. All admission under NRI category seats shall be as per merit of NEET-PG-2025 only.

2. Only NEET qualified candidates shall be eligible under NRI category.

3. PIOs, OCIs and Foreign Nationals who are NEET qualified can also apply under the NRI category. The preference for admission under NRI category shall be considered as under:-

i.	Actual NRIs/OCIs/PIOs candidates who originally belonged to the State of Haryana.
ii.	Children of NRIs/OCIs/PIOs who originally belonged to Haryana State
iii.	Actual NRIs/OCIs/PIOs who originally belonged to an Indian State and Union Territories other than Haryana.
iv.	Children of NRIs/OCIs/PIOs who originally belonged to an Indian State and Union Territories other than Haryana.
v.	Real Brother and Sister of the candidate.
vi.	If the first-degree relation of the student is NRI and residing abroad and the candidates fulfils the following conditions :- a) He should be the nearest relation. b) In the definition of nearest relation, candidate having following blood relations. i) Real Brother and sister of father i.e. real uncle and real aunt. ii) Real brother and Sister of mother i.e. real maternal uncle and maternal aunt. iii) Father and mother of father i.e. grandfather and grandmother. iv) Father and mother of mother i.e. maternal grandfather and maternal grandmother. v) First degree-paternal and maternal cousins. vi) Such person should be NRI c) Such persons should ordinarily be residing abroad. d) Such person should have looked after such student as the guardian of the student and evidence to that effect must have been produced before the committee by such person.

4. Both the candidates are claiming admission for the same seat in category No.VI i.e. first-degree relation of the student is NRI and residing abroad. Sub-Clause (b) specifies the definition of nearest relation. The second candidate applied for admission to MS (Obstetrics and Gynecology) seat in Maharishi Markandeshwar

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2026 Supreme(Online)(P&H) 8951

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHAshwani Kumar Mishra, Rohit Kapoor, JJRushali Singhal – AppellantVersusState of Haryana – RespondentCWP-8173-2026 | CWP-5859-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ashwani Kumar Mishra, Rohit Kapoor, JJ
Rushali Singhal – Appellant
Versus
State of Haryana – Respondent
CWP-8173-2026 | CWP-5859-2026