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Unni Krishnan J.P And Others v. State Of A.P And Others
Factual and Procedural Background
This order modifies the Scheme earlier framed by the Supreme Court in its judgment dated 4 February 1993 in Writ Petition (Civil) No. 607 of 1992, reported at (1993) 1 SCC 645. The present order addresses various review petitions and interlocutory applications seeking changes to that Scheme, specifically with regard to admission of Non-Resident Indian (NRI) students in professional colleges.
Legal Issues Presented
- Whether the existing Scheme governing admissions to professional colleges should be amended to permit a specific quota for Non-Resident Indian students and, if so, on what terms.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| (1993) 1 SCC 645 | The original Scheme regulating admission to professional colleges. | The Court modifies this Scheme to introduce a 5% NRI quota within payment seats. |
| (1992) 3 SCC 666 (Mohini Jain) | Observations concerning admission of NRI students. | The Court expressly states that the observations in Mohini Jain regarding NRIs stand modified to the extent laid down in the present order. |
Court's Reasoning and Analysis
The Court takes a limited approach, restricting its analysis to the scope of requested modifications. It determines that professional colleges may admit NRI students up to five per cent of the total annual intake, clarifying that these seats must come from the payment-seat category. The Court reasons that the diverse educational backgrounds of NRIs justify allowing each college’s management to assess merit through relevant factors other than the common entrance examination. It further clarifies that NRIs remain eligible to compete for free or other payment seats on the same basis as all applicants. Having provided these clarifications, the Court dismisses all pending review petitions and interlocutory applications.
Holding and Implications
ORDER: The Scheme framed on 4 February 1993 is modified only to the extent that professional colleges may admit Non-Resident Indian students up to 5% of total intake within payment seats, without requiring them to take any prescribed entrance examination. All review petitions and interlocutory applications are dismissed with no order as to costs.
Implications: The decision immediately alters admission procedures in professional colleges by creating a limited NRI quota and relieving those students from entrance-exam requirements, while leaving all other aspects of the original Scheme intact. The order does not purport to establish broader precedent beyond this specific modification.
Order
1. The Scheme framed by this Court in its judgment dated February 4, 1993 in Writ Petition (Civil) No. 607 of 1992 (1993) 1 SCC 645 and connected matters is modified to the following extent only.
2. It shall be open to the professional college to admit Non-Resident Indian students to the extent of only five per cent of their total intake for a given year. By way of illustration if the permitted intake of a professional college is 100 for a given year, 50 seats out of it will be free seats and other 50 seats will be seats on payment. The five seats for Non-Resident Indian students shall be out of the 50 payment seats. The Non-Resident Indian students shall be admitted on the basis of merit. But in view of the different backgrounds they come from it is for the management of the college concerned to judge the merit of these candidates, having regard to the relevant factors. The fees payable by such students shall be as may be prescribed by the Committee referred to in clause (6) of the Scheme.
3. The Non-Resident Indian students admitted against these 5 seats need not however take the entrance examination, if any prescribed for admission to that course. It is made clear that the above provision does not preclude the Non-Resident Indian students from seeking admission either to free seats or payment seats along with others on the basis common to all. The observations made in Mohini Jain case (1992) 3 SCC 666 in relation to Non-Resident Indian students will stand modified to the above extent.
4. Subject to the above, all the review petitions and IAs are dismissed. No costs.
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