Orissa High Court held the NRIS Quota as an affront and unconstitutional.
11. Before parting with this case, we are constrained to observe that the NRIS category is an affront to the meritorious candidates who toiled day night to secure seats in NLUs through CLAT. 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 also lag behind the NRIS students and get disappointed. This is like the reservation for the elite class and this dubious category of quota is unconstitutional. The eligibility and selection under this category are unregulated, illegal and arbitrary. Even the apex court has observed in P. A. Inamdar vs. State of Maharashtra that admissions under this category is given to less meritorious students just because they could afford to pay the higher fees demanded by the University. The Consortium of NLUs, the Bar Council of India and all the stake holders involved in the process should revisit the so-called NRIS quota and prepare a proper regulation and system while implementing this quota. Several studies reveal that the selection process under this NRIS quota is quite vague, undefined and is based on inconsistent parameters. This Court calls upon the relevant stake holders especially the Bar Council of India, which is mandated to regulate the legal education in this country to ensure that a uniform and well-defined parameter are adopted so that the meritorious candidates do not suffer. The elitist approach to selected group in CLAT Admission process must be restricted. It is imperative that this issue needs to be settled within a shortest possible time to assuage the pains of the unselected due to poor rank.
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