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HC-NIC Page 11 of 103 Created On Wed Aug 17 02:57:12 IST 2016 "13. It is settled law by a catena of de-

cisions of this Court that the legislature cannot directly annul a judgment of a court. The legislative function consists in "making" law [see: Article 245 of the Constitution] and not in "declaring" what the law shall be [see: Article 141 of the Constitution]. If the legislature were at liberty to annul judgments of courts, the ghost of bills of attainder will revisit us to enable legislatures to pass legis- lative judgments on matters which are inter-parties. Interestingly, in England, the last such bill of attainder passing a legislative judgment against a man called Fenwick was passed as far back as in 1696. A century later, the US Constitution ex- pressly outlawed bills of attainder [see:

8. On the other hand, learned Advocate General referred to the provisions of the Act of 2007 and thereafter referred to the impugned ordinance and submitted that the State Legislature enacted the Act of 2007 in view of source of power flowing from Article 245 and 246 of the Constitution of India read with entry 25 in the concurrent list in 7th Schedule to the Constitution. It is HC-NIC Page 28 of 103 Created On Wed Aug 17 02:57:12 IST 2016 submitted that in past, when no sufficient number of Medical and Dental Colleges were there in the State, therefore, very conscious and strenuous attempts were made by the State Government to see that more and more Medical and Dental Colleges establish in the State so that the students of the State may not have to go to other states for pursuing their further study in such colleges. As a result of the said efforts, today there are in all 21 medical colleges under different setups in the State with total number of seats to the tune of 3330. Learned Advocate General referred the details of such medical as well as dental colleges established in the State.

10.14. Learned Advocate General thereafter submitted that the impugned ordinance is a competent legislation within the meaning of entry HC-NIC Page 56 of 103 Created On Wed Aug 17 02:57:12 IST 2016 25 of the Concurrent List in the 7th Schedule of the Constitution of India read with Articles 245 and 246 of the Constitution of India and therefore the source of power of the State Legislature to enact the Act relating to NRI quota is traceable to Entry 25 of the List III of 7th Schedule of the Constitution and therefore it cannot be said that the field is occupied by Central Legislature as submitted by learned counsel appearing for the petitioner. Learned Advocate General has placed reliance upon the decision rendered by this Court in the case of Parth Keyur Parikh Being a minor Through his father Dr.Keyur Harshadrai Parikh (supra) 10.15. Keeping in mind the aforesaid decisions rendered by the Hon'ble Supreme Court, this Court as well as various High Courts on the aforesaid point, we are of the opinion that the concept of NRI quota has been introduced by way of declaration made by the Hon'ble Supreme Court in the case of P.A.Inamdar (supra), more particularly in para 131 of the said decision. The Hon'ble Supreme Court as well as this Court and various High Courts have observed that the observations made in para 131 is declaration of law. The observations and directions permitting the unaided educational institutions seats not exceeding 15% to allot to the NRIs is a declaration of law traceable to power under Article 142 of the Constitution of India. By way HC-NIC Page 57 of 103 Created On Wed Aug 17 02:57:12 IST 2016 of the said declaration, the Hon'ble Supreme Court permitted limited reservation to such seats not exceeding 15% to NRI depending on the discretion of the management subject to two conditions; (1) such seat should be utilized by bona fide NRIs only for their children and wards and (2) within this quota, merit should not be given a complete go bye. The observations and directions made in the said judgment are taken as a basis for enactment of the Act of 2007 by the respondent -State.