SANJAY KISHAN KAUL, J. - (1.) THE dispute pertains to the admission of foreign Indian students (NRIs) at the Baba Farid University of Health Sciences, Faridkot.
(2.) THESE five petitions raise identical questions of law. Hence, we propose to dispose them of by this common judgment. The prospectus in question for the Post -Graduate Entrance Test (PGET -2011) was issued by the University which, inter alia, provided for 15 per cent NRI seats. The relevant clause of the prospectus is as under: "37. In private Colleges NRI Seats shall be 15% of the total seats in order of preference as under: - Category I: NRIs who originally belonged to the State of Punjab Category II: NRIs who originally belonged to an Indian state other than Punjab. (a) If sufficient number of candidates under first category are eligible and available then they will be admitted first even if students under subsequent category are higher in merit. b) The NRI students will have to give a bank guarantee/surety bond for the balance of fee, if they opt to pay the fee in installments on annual basis proportionately. (c) Any seats remaining vacant under NRI/Sports quota two days before to the last date of admission in State Colleges shall go to general pool and in the Private colleges shall go to the special management/minority quota. (d) It will be obligatory on the part of University to provide registration number to all candidates once duly admitted. (e) Merit should be the priority for NRI seats too and the counseling for NRI seats should not be more than twice in a session. (f) Any misrepresentation, false information, fake documentation and impersonation for securing admission shall be punishable under the relevant provisions of Indian Penal Code along - with cancellation of admission."
(3.) IT is the case of the petitioners, who fall under this category, that an unrealistic high fee has been provided for NRI candidates as a ruse to discourage the genuine NRI candidates so that the seats are shifted to the Special Management Quota as a method of capitation fee recovery.;