Non-Resident Indian Sponsored(NRIS) category is an affront to the meritorious candidates who toiled day and night to secure seats in National Law Universities (NLU) through Common Law Admission Test (CLAT) examination.
With this observation a Division Bench of Orissa High Court comprising Justice Sanju Panda and Justice S.K Panigrahi has declared reservation in favor of NRI/NRIS as unconstitutional and further directed appropriate authorities not to sacrifice the right of meritorious candidates in the name of such reservation for the elite class through this dubious category of quota.
High Court has further observed that the candidates belonging to the category of NRI/NRIS, who are very low ranked in the merit list often gets seat in the NLUs whereas the general candidates having secured better marks lag behind them and get disappointed.
Therefore, such reservation for the elite class and particularly this dubious category of quota is unconstitutional. Marching a step forward High Court has further observed that the eligibility and selection under the category of NRI/NRIS are unregulated, illegal and arbitrary.
Quoting citations from judgment of the Apex Court the Division Bench noted that admissions under NRI/NRIS category is given to less meritorious students just because they could afford to pay the higher fees demanded by the universities. In this backdrop, High Court has asked the Bar Council of India, the consortium of NLUs and all other stake holders in the process to revisit the so called NRIS quota and prepare a proper regulation and system in this regard. Orissa High Court directed appropriate authorities to ensure adoption of uniformed and well defined parameters on this aspect so that the meritorious candidates don’t suffer.
The elitist approach to select group in CLAT admission process must be restricted. In this backdrop, the Division Bench passed specific direction to settle the matter within shortest possible time to assuage the pains of the deprived lot.
It transpires from the judgment that one Ishika Pattnaik has filed a Writ Petition before Orissa High Court to consider her grievance for admission into 5 years BBALLB (Honours) course under Non-Resident Indian Sponsored Category for the current academic year.
While dismissing the Writ Petition Orissa High Court has passed this historic judgment.