100 percent MBBS seats Reservation For Local Candidates In 'Competent Authority Quota' In Telangana: SC Refuses to Interfere
New Delhi: The Supreme Court has denied interfering with a plea that challenged the Telangana Government's reservation of 100% MBBS/BDS seats for the local candidates under the 'competent authority quota' in the medical colleges established after June 2014.
This reservation policy was introduced by the State Government by an order dated July 3, 2023. The State has contended that the introduction of this reservation policy is an effort to provide the students belonging to Telangana with a better opportunity for enrolling in a local medical college within the State, which is in line with the State's aim to bolster local healthcare services and access to medical education.
However, this policy was challenged by the MBBS aspirants hailing from Andhra Pradesh alleging it to be illegal, arbitrary and conflicting with the fundamental rights guaranteed under Articles 14, 16, and 21. It was further argued by the petitioners that this 'discriminatory' policy violated Section 95 and other provisions of the Andhra Pradesh Reorganization Act, 2014.
While considering the matter, the Supreme Court bench of Justices PS Narasimha and SVN Bhatti on Tuesday took note of the fact that a similar plea was pending before the Telangana High Court bench.
Expressing its disapproval with the fact that the petitioners are trying to institute 'parallel proceedings' in the Supreme Court when the matter is already pending before the HC bench, the Apex Court refused to entertain the plea.
"Learned counsels have not satisfied us as to the reason for filing the petition under Article 32 of the Constitution of India, particularly when the writ involving similar questions are pending before the High Court," observed the bench.
"Learned counsels state that there is urgency in the matter. If that be so, we see no reason why the High Court would not take up the matter expeditiously to pass interim orders if the Court considers it appropriate and in accordance with law," it further noted while dismissing the plea.
Also Read: Telangana junks 15 percent non-reserved Quota in 36 medical colleges
Medical Dialogues had earlier reported that Telangana Government stopped the 15% unreserved quota for admissions in 36 medical colleges in the State, which were established after the formation of the new State of Telangana.
Earlier, these seats were open for the admission of students from the neighbouring State of Andhra Pradesh as well. However, recently the State issued orders and made 100% of seats available only for the State domicile students.
Issuing a Government Order, recently Secretary of Medical and Health, Sam Rizvi amended the rules of admission to the State medical colleges in Telangana. The order stated, “These amendments have been made in accordance with the AP Reorganization Act and Article 371D of the Constitution.”
According to the amended rules, all the medical seats in the competitive authority quota in medical colleges constituted after June 2, 2014, will be filled up exclusively by the students from the State
However, it was decided that the unreserved quota will continue at the medical colleges that existed before the formation of the State of Telangana on June 2, 2014. There are 20 such colleges in the State and the provision of 15% unreserved quota will continue to operate there, enabling the students from Andhra Pradesh also compete for admission.
Medical Dialogues had earlier reported that this new reservation policy was challenged before the Telangana High Court bench as a plea was filed before the HC bench by a resident of Andhra Pradesh and his daughter. The petitioner, whose daughter appeared for NEET 2023 examination, contended that reserving the medical seats exclusively to the students of Telangana was illegal and arbitrary.
Referring to the fact that his daughter intended to appear for counselling in Telangana, the petitioner urged the Court to stall operation of GO Ms. No. 72 through which the Government amended the reservation rules and introduced the provision for 100% reservation of seats in medical colleges in Telangana to students hailing from the State.
It was argued by the petitioner that the GO was highly arbitrary, irregular and it violated Section 95 and other provisions of the AP Reorganisation Act, 2014.
Arguing that the order infringed upon Articles 14 and 21 of the Indian Constitution, the petitioner further argued that the reservation policy was seen as discriminatory. It was contended by the petitioner that the unilateral decision taken by the Telangana Government showed a complete disregard for the principles of fairness, equality, and merit and it further denied students like the petitioner an equal opportunity for pursuing their chosen profession based on their hard work and academic performance.
While considering the issue, the HC initially expressed its concerns over the Government Order's incompatibility with the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974. According to this presidential order, the reservation of seats was provided in favour of local candidates in courses of study provided by the universities and other educational institutions without affecting the affirmative action policies of the state governments for women, or people belonging to scheduled castes (SC), scheduled tribes (ST), or socially and educationally backward classes (SEBC).
Even though the HC bench expressed this prima facie observation, recently it passed an order allowing the State Government and Kaloji Narayana University of Health Sciences (KNRUHS) and declared the admission results after agreeing to consider six petitioner's candidature at the first instance with respect to 20 old medical colleges in Telangana, which were established before June 2, 2014.
As per the latest media report by Live Law, the current batch of petitioners, who approached the Supreme Court bench claimed that they had better NEET scores than those six candidates who were granted relief by the Telangana High Court. They argued that despite registering for web counselling for the MBBS course and filling out their choice of colleges out of the 56 medical colleges in Telangana, they were not allotted seats by KNRUHS in the 36 new medical colleges that were set up after formation of Telangana State.
It was alleged by the petitioners that the State government revised the admission policy while being driven by an ulterior motive for discriminating against the students from Andhra Pradesh. They argued that the policy for 100 per cent reservation violated Article 14 of the Constitution. They argued that the reservation policy required judicial intervention owing to the infringement on the fundamental rights of equality and opportunity, stating-
“Article 14 mandates that the State shall not deny any person equality opportunity. By reserving 100% of seats for local candidates, the impugned order treats unequals as equals, thereby denying the meritorious candidates an equal opportunity. The action of the State of Telangana and Kaloji University is clearly in violation of Article 14 and the law laid down by the Supreme Court.”
To view the Supreme Court order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-telangana-reservation-218024.pdf
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