ORDER : I.A.Nos.3-4 & 5-10 in C.A.NO.4482/2006: 1. Applications for impleadment are allowed. 2. Applications for exemption from filing O.T. are allowed. 3. In P.A.Inamdar & Ors. Vs. State of Maharashtra & Ors., reported in 2005 (6) SCC p.537, this Court permitted the Medical colleges/professional colleges to admit the students of Non-Resident Indians. In paragraph 131 of the judgment, this Court observed :- "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 a 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 this 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 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 being here. They also wish the money which they would be spending elsewhere on education of their children should rather reach their own motherland. A 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 utilised bona fide by NRIs only and for their children or wards. Secondly, within this quota, merit should not be given a complete go-by. The amount of money, in whatever form collected from such NRIs, should be utilised for benefiting students such as from economically weaker sections of the society, whom, on well-defined criteria, the educational institution may admit on subsidised payment of their fee. Secondly, within this quota, merit should not be given a complete go-by. The amount of money, in whatever form collected from such NRIs, should be utilised for benefiting students such as from economically weaker sections of the society, whom, on well-defined criteria, the educational institution may admit on subsidised payment of their fee. To prevent misutilisation of such quota or any malpractice referable to NRI the State does not do it, it will be for the Committees constituted pursuant to the direction in Islamic Academy (Islamic Academy of Education Vs. State of Karnataka (2003) 6 SCC 697 ) to regulate." 4. In the State of Gujarat there was a dispute regarding admission to the medical colleges for the academic year 2006-07 and this Court, by an order dated 12th October, 2006, permitted these colleges to admit 15% of their seats by candidates from the NRI quota. 5. We also made it clear that Justice Shah Committee appointed in this regard would be at liberty to go into the objections and pass appropriate orders and in case there is any difficulty, the candidates would be at liberty to approach this Court. Subsequent to this order, the admissions were made by these colleges and the matter was placed before Justice Shah Committee. Justice Shah Committee had formulated certain admission procedure to carry out the admission in NRI quota. It may be noticed that as stated in paragraph 131 of Inamdar’s judgment (supra) no suitable legislation or regulation have been framed by the State or the Medical Council of India. The admissions made by these colleges were scrutinised by the Committee on the basis of the admission procedure laid down by the Committee itself and the students who have been admitted under the NRI quota had been found ineligible by the Committee. The present interlocutory applications have been filed by the colleges against the directions given by Justice Shah Committee. The petitioners/applicants allege that in view of the direction given by Justice Shah Committee, the colleges are not in a position to fill up the NRI quota. From the Committee’s guidelines we see that the definition of NRI itself is to be strictly construed as "NRI" as defined under the Income Tax Act, 1961. The petitioners/applicants allege that in view of the direction given by Justice Shah Committee, the colleges are not in a position to fill up the NRI quota. From the Committee’s guidelines we see that the definition of NRI itself is to be strictly construed as "NRI" as defined under the Income Tax Act, 1961. It is also made clear by the Committee that the parents of the candidates should be permanently residing abroad and the wards of NRIs shall be a person adopted by a guardian as per definition of NRI under the Income Tax Act, 1961 and such a guardian should be testamentary, certificated, natural or even de-facto and an officer from the Income Tax Department shall verify the documents at the time of admission with regard to status of NRI. These directions are challenged before us. Of course, these guidelines have been fixed for the purpose of admission to this year and we are told that about 130 students have been proposed to be admitted by the colleges and because of the pending proceedings the same could not be finalised. 6. Normally, the admissions to the medical colleges should have been finally concluded before 30th September. This year’s admission is long overdue and if this 15% if the students are not allowed to be admitted under NRI quota there may be financial loss to these college and the seats shall also go waste. 6. Normally, the admissions to the medical colleges should have been finally concluded before 30th September. This year’s admission is long overdue and if this 15% if the students are not allowed to be admitted under NRI quota there may be financial loss to these college and the seats shall also go waste. In view of the peculiar circumstances of the case, for this year we are taking a practical view of the situation and we feel that the students to these colleges may be admitted under the following directions and we make it clear that this is exclusively for this year only as a one time arrangement because of the peculiar circumstances of the case: (1) The students be admitted as NRIs in NRI quota as against 15% : At least one of the parents of such students should be an NRI and shall ordinarily be residing abroad as an NRI; (2) The person who sponsors the student for admission should be a first degree relation of the student and should be ordinarily residing abroad as an NRI; (3) If the student has no parents or near relatives or taken as a ward by some other nearest relative such students also may be considered for admission provided the guardian has bona fide treated the student as a ward and such guardian shall file an affidavit indicating the interest shown in the affairs of the student and also his relationship with the student and such person also should be an NRI, and ordinarily residing abroad. 7. Even if these parameters are applied and sufficient number of students are not available for this year as against admission to 15% quota, the colleges would be at liberty to fill up the remaining seats from the State list and if the number of candidates admitted as against 15% quota is very much less and the colleges are unable to raise sufficient funds they would be at liberty to approach the Committee to restructure the fees. 8. It is clarified that the students who will be admitted against the NRI quota should have the basic qualification fixed by the Medical Council of India/Dental Council of India for admission in Medical/Dental graduate courses. 9. 8. It is clarified that the students who will be admitted against the NRI quota should have the basic qualification fixed by the Medical Council of India/Dental Council of India for admission in Medical/Dental graduate courses. 9. In view of the above directions, the admissions for this year shall be completed within 10 days and on the 11th day the same shall be placed before Justice Shah Committee for the action if any as indicated in our previous order. 10. The I.A.s are disposed of accordingly. 11. In view of the order passed above, the remaining interlocutory applications except I.A.Nos.11-12 in C.A.No.4480/06 and I.A.Nos.3-5 in C.A.No.4480/2006 are disposed of. I.A.Nos.11-12 in C.A.No.4480/2006 & I.A.Nos.3-5 in C.A.No.4481/2006: 12. Issue notice. Post the applications on next Friday i.e. 24th November, 2006.