Kerala High Court Directs Nodal Agency To Consider Inclusion Of Non-Resident Returnees In NORKA-CARE Health Insurance Scheme

Justice N Nagaresh gave the directions while disposing a writ petition filed by Pravasi Legal Cell and two individuals challenging the exclusion of returnee NRK's who have permanently settled back in Kerala, from NORKA-CARE insurance scheme. The scheme was launched through a tripartite agreement between NORKA Roots, New India Assurance Company Limited and Mahindra Insurance Brokers Limited.

"Going through the pleadings, I find that this is a policy matter which is to be considered by the Executive Authorities. In the circumstances, I find that it would be only just and proper that the 2nd respondent (NORKA Roots) considers Ext.P3 and take a decision, if necessary, in consultation with the Government," the court said. 

According to the scheme details, enrolment runs from September 22 to October 22, 2025, with coverage effective from November 1, 2025, to October 31, 2026, offering cashless treatment at over 12,000 hospitals across India, including more than 600 in Kerala. However, only expatriate Keralites and those working in other Indian states were made eligible for enrolment, leaving out returnees who have settled back in Kerala.

The petitioners argued that the exclusion was arbitrary and discriminatory, violating Article 14 of the Constitution, as both expatriates and returnees fall under NORKA's welfare ambit. They also pointed out that since the scheme is entirely funded by the members, the exclusion had no financial justification for the State. It was argued that 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 Court, therefore, directed NORKA Roots to consider the representation submitted by the petitioners and to pass appropriate orders expeditiously in consultation with the State Government if necessary.

The Court thus disposed of the matter and made clear that it has not pronounced anything on merits on the claim made by the petitioners.

Case Title: Pravasi Legal Cell and Ors. v State of Kerala and Anr.

Case No: WP(C) 35850/ 2025

Citation: 2025 LiveLaw (Ker) 637

Counsel for Petitioners: E Adithyan

Counsel for Respondents: Rajeev Jyothish George (GP)