Kerala High Court Directs NORKA Roots to Consider Representation on Inclusion of Returnee NRKs in NORKA-CARE Scheme
Isabella Mariam
The High Court of Kerala, Single Bench of Justice N. Nagaresh on 26 September 2025 directed NORKA Roots to consider a representation submitted by the Pravasi Legal Cell and other petitioners seeking inclusion of Non-Resident Keralite (NRK) returnees in the NORKA-CARE Group Health and Accident Insurance Scheme. The Court declined to adjudicate the merits of the policy decision but instructed the competent authority to examine the representation in accordance with law, observing that the issue pertained to executive policy consideration.
The writ petition was filed by the Pravasi Legal Cell, represented by its President Advocate Jose Abraham, along with two other petitioners, Perikilathu J. Joseph and Anilkumar P, both Non-Resident Keralites. The petitioners approached the Court alleging discriminatory exclusion of NRK returnees from the NORKA-CARE Group Health and Accident Insurance Scheme launched through a tripartite agreement executed on 7 August 2025 between NORKA Roots, New India Assurance Company Limited, and Mahindra Insurance Brokers Limited.
According to the petitioners, the scheme offered health and accident coverage for expatriate Keralites and Keralites working in other Indian states holding valid Pravasi IDs or NRK Insurance Cards. The enrolment window was fixed between 22 September 2025 and 22 October 2025, with coverage effective from 1 November 2025 to 31 October 2026. The scheme provided cashless medical benefits in over 12,000 hospitals across India, including 600 hospitals within Kerala. However, returnee NRKs who had permanently resettled in Kerala were excluded from enrolment, which the petitioners alleged to be an unjust and arbitrary classification.
The petitioners argued that the exclusion violated Article 14 of the Constitution of India by discriminating between similarly placed persons. They contended that both expatriate and returnee Keralites fell within the same class under NORKA’s welfare mandate and should be treated equally. Furthermore, they submitted that since the scheme was member-funded, involving negligible or no financial burden on the State, there was no rational basis for excluding returnee NRKs from participation. The petitioners also placed on record a representation dated 27 August 2025 (Exhibit P3) addressed to the authorities, seeking inclusion of returnee NRKs, but alleged that no action had been taken on it. The petitioners therefore sought judicial intervention to direct the respondents to consider and act upon their representation, ensuring equal treatment under the NORKA-CARE scheme.
The Court recorded that “the contention of the petitioners is that the exclusion of NRK Returnees from the NORKA-CARE Scheme directly deprives them of access to affordable Health and Accident Insurance, despite the fact that they are a vulnerable group who, on return to Kerala, lose their overseas employment provided for statutory medical cover.”
The judgment stated that “going through the pleadings, I find that this is a policy matter which is to be considered by the Executive Authorities.” The Bench recorded that NORKA Roots and the Government were the competent bodies to decide upon the eligibility criteria and scope of the NORKA-CARE scheme, considering its operational, financial, and policy implications.
Justice Nagaresh observed that “it would be only just and proper that the 2nd respondent considers Ext.P3 and take a decision, if necessary, in consultation with the Government.”
“In the facts of the case, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 and pass appropriate orders thereon as expeditiously as possible, if necessary, in consultation with the Government, in accordance with law.”
“It is made clear that this Court has not pronounced anything on merits on the claims made by the petitioners.”
Advocates Representing the Parties:
For the Petitioners: Sri. E. Adithyan, Advocate
For the Respondents: Sri. Rajeev Jyothish George, Government Pleader
Case Title: Pravasi Legal Cell & Others v. State of Kerala & Another
Neutral Citation: 2025: KER:73373
Case Number: WP(C) No. 35850 of 2025
Bench: Justice N. Nagaresh
