Case Note & Summary
The petitioner, Padmaja Sanjay Ladda, a student who completed MBBS from MGM University, Chhatrapati Sambhaji Nagar, filed a writ petition under Article 226 of the Constitution before the Bombay High Court, Bench at Aurangabad. She sought admission to postgraduate medical courses (MD/MS) for the academic year 2025-2026 under the NRI/OCI quota in the State of Maharashtra. The cause of action arose from Notice No. 02 for NEET-PG 2025 dated 30.10.2025 issued by the State Common Entrance Test Cell, Mumbai, which prescribed eligibility criteria for NRI candidates based on the amended definition of 'Non-Resident Indian' introduced by Maharashtra Ordinance No. VI of 2025 dated 25.06.2025, subsequently enacted into law. The petitioner challenged the notice, ordinance, and the Act, arguing that they were illegal, arbitrary, and contrary to Union Government guidelines and Supreme Court precedents. She claimed eligibility through her real aunt (father's sister) residing in the United Kingdom. The respondents, including the Union of India, State of Maharashtra, and the Medical Counselling Committee, defended the ordinance as a valid exercise of state legislative competence to prevent misuse of NRI quota. The court analyzed the legislative competence under Entry 25 of List III, the definition of 'blood relative', and the object of the ordinance. It held that the State has the power to define NRI for medical admissions, and the amended definition restricting NRI status to blood relatives in the ascending or descending line (parents, grandparents, children, grandchildren) is valid. The petitioner's aunt, being a collateral relative, does not qualify. The court dismissed the petition, upholding the notice and ordinance, and directed the respondents to proceed with admissions as per the existing rules.
Headnote
A) Constitutional Law - Legislative Competence - State Ordinance - The State of Maharashtra has the legislative competence to define 'Non-Resident Indian' for the purpose of medical admissions under Entry 25 of List III of the Seventh Schedule to the Constitution of India. The Ordinance No. VI of 2025 is not ultra vires the Constitution or the Medical Council of India Act, 1956. (Paras 10-15) B) Medical Education - NRI Quota - Definition of NRI - The amended definition of 'Non-Resident Indian' under Maharashtra Ordinance No. VI of 2025, which restricts NRI status to blood relatives in the ascending or descending line (i.e., parents, grandparents, children, grandchildren), is valid and does not include collateral relatives such as aunts or uncles. The petitioner's claim based on her real aunt (father's sister) does not satisfy the eligibility criteria. (Paras 16-20) C) Interpretation of Statutes - Blood Relative - The term 'blood relative' in the context of NRI quota must be interpreted strictly to mean relatives by consanguinity in the direct lineal line, excluding collateral relatives. The court relied on the principle of ejusdem generis and the object of the ordinance to prevent misuse of NRI quota. (Paras 21-25) D) Administrative Law - Notice Validity - Notice No. 02 for NEET-PG 2025 dated 30.10.2025 issued by the State Common Entrance Test Cell, adopting the amended definition of NRI, is valid and not arbitrary. The notice is consistent with the ordinance and the guidelines issued by the Union Government. (Paras 26-30)
Issue of Consideration
Whether the amended definition of 'Non-Resident Indian' introduced by Maharashtra Ordinance No. VI of 2025, which restricts NRI status to blood relatives in the ascending or descending line, is valid and applicable to postgraduate medical admissions for the academic year 2025-2026, and whether the petitioner, who relies on her real aunt (father's sister) as an NRI sponsor, is eligible for admission under the NRI quota.
Final Decision
The petition is dismissed. The court upheld the validity of Maharashtra Ordinance No. VI of 2025 and Notice No. 02 for NEET-PG 2025. The petitioner is not eligible for NRI quota based on her aunt's residency. No order as to costs.
Law Points
- Definition of Non-Resident Indian
- NRI quota eligibility
- Postgraduate medical admissions
- State legislative competence
- Ordinance validity
- Blood relative interpretation
- Article 226 jurisdiction
