CHANDNI PABBY Vs. PUNJAB UNIVERSITY

JUDGEMENT

(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 :-