- (1.) The petitioner, an Indian National, who has been granted Permanent Resident Card by the United States of America, has sought admission against the seats reserved for the Non Resident Indians (for short 'NRI') in the B.A. LL.B (Hon'ble.) Five Year Integrated Course of Punjab University.
(2.) The sole grievance of the petitioner is that in the Prospectus published, there was no condition that a candidate, who has studied in a country other than India for three years immediately preceding the year of admission, shall be treated to be an NRI. Therefore, such condition, which deprives the petitioner of her right to seek admission in the Course on the basis of her Permanent Resident Card, cannot be imposed after the publication of the Prospectus.
(3.) It is admitted by the learned counsel for the petitioner that in the prospectus, there was no definition as to who is an NRI. The Hon'ble Supreme Court in P.A. Inamdar and others v. State of Maharashtra and others, 2005 6 SCC 537has upheld the right of admission to the NRIs, but has clarified that such seats should be utilized bona-fide by NRIs only and for their children or wards. The relevant extracts from the said judgment, read as under :- "131. Here itself we are inclined to deal with the question as to seats allocated for Non-Resident Indians ("NRI" for short) or NRI seats. It is common knowledge that some of the institutions grant admissions to certain number of students under such quota by charging a higher amount of fee. In fact, the term "NRI" in relation to admissions is a misnomer. By and large, we have noticed in cases after cases coming to this Court, neither the students who get admissions under the category nor their parents are NRIs. In effect and reality, under this category, less meritorious students, but who can afford to bring more money, get admission. During the course of hearing, it was pointed out that a limited number of such seats should be made available as the money brought by such students admitted against NRI quota enables the educational institutions to strengthen their level of education and also to enlarge their educational activities. It was also pointed out that the people of Indian origin, who have migrated to other countries, have a desire to bring back their children to their own country as they not only get education, but also get reunited with the Indian cultural ethos by virtue of bring here. They also wish the money which they would be spending elsewhere on education of their children should rather reach their own motherland. A CWP No.14355 of 2008 (3) limited reservation of such seats, not exceeding 15% in our opinion, may be made available to NRIs, depending on the discretion of the management subject to two conditions. First such seats should be utilized bona-fide by NRIs only and for their children or wards.";