Domicile for MBBS Admissions: Telangana HC Holds 4-year Continuous Study rule not Applicable to Permanent Residents
Telangana High Court
Hyderabad: Putting an end to the confusion regarding the status of local candidates seeking admission to MBBS and other related courses in Telangana, the High Court on Thursday clarified that the rule requiring 'four years continuous study from classes 9 to 12' is not applicable to permanent residents of domiciles of Telangana.
The Court clarified that the permanent residents of Telangana cannot be denied the benefit of admission in the State only because their study or resident was outside Telangana. It clarified that these students should not be excluded from the admission process on the ground that they did not pass the qualifying examination from Telangana.
"The object of the rule is to benefit permanent residents. We are only ensuring this by reading down the four-year norm for them," clarified the HC bench comprising Chief Justice Alok Aradhe and Justice J Sreenivas while pronouncing its order on a batch of pleas challenging Rule 3(a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, which was later amended on July 19 this year.
Therefore, from now on, permanent residents/domicile of Telangana are eligible for local candidate status even if the four-year continuous study requirement is not fulfilled.
The Court has also granted liberty to the State Government to frame guidelines/rules to determine as to how a student can be considered as permanent resident of Telangana.
Deccan Chronicle had earlier reported how the Telangana students were being affected due to the last-minute change in the definition of local category as notified by the Kaloji Narayana Rao University of Health Sciences. Due to this change, students who did not pass their qualifying examination from the State were denied the opportunity to get admitted to MBBS in the State.
More than 50 pleas were filed challenging the validity of Rule 3(a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules as amended vide the GO dated July 19, 2024.
Approaching the HC bench, the petitioner claimed to be permanent residents of Telangana and prayed for a direction to treat them as local candidates for admission into MBBS/BDS courses.
They argued that due to the amended rules, they became ineligible for the local quota of 85 percent seats reserved for the permanent residents of Telangana. They also pointed out that the identically-worded rule was held to be unconstitutional and was struck down by a Division bench of the Telangana HC earlier.
On the other hand, the Advocate-General contended that it was open for the State to provide for reservation based on the domicile/residence. The State Government had claimed that the amendment was introduced to the rule to help the local candidates.
After considering the arguments of the petitioners and the Advocate-General, the HC bench observed that the amended rule had a more stringent requirement that the candidate must have to pass the qualifying exam from Telangana only to be eligible for the State-quota seats.
However, the Court observed that "it is not open to the State to make wholesale reservations on the basis of domicile, residence and institutional preferences. Such a reservation, however, cannot exceed the outer limit of 70% of total seats by taking into account other reservations validly made."
"An interpretation which advances the object and purpose of the Act has to be preferred. The object of Rule 3(a) of the 2017 rules, as amended on July 19, 2024, is to provide reservation for local candidates. In case the rule is struck down, then students from all over the country will become entitled to admission in medical colleges situated in Telangana and the domicile/permanent residents of the state would be deprived of the benefit of admission. Therefore, we read down Rule 3(a) and 3(iii) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, as amended on July 19. It is held that the aforesaid rule shall not apply to permanent residents of the Telangana," it noted.
Therefore, the Court opted to "read down the rule" introduced to prescribe the eligibility norms under the competent authority quota holding that "the aforesaid Rule shall not apply to permanent residents of the state of Telangana."
TOI has reported that the HC bench also took note of the fact that there were no guidelines to define the permanent residents/domiciles and directed the State to prepare them. Further, it issued directions to KNRUHS to complete admission in line with such guidelines. Meanwhile, the Government sources said that since there was confusion regarding the issue, they may prefer filing an appeal against the order before the Supreme Court.
Medical Dialogues had earlier reported that last year also, in a major relief to the permanent residents of Telangana seeking MBBS/BDS admission in the State, the High Court had clarified that Rule 3(III) (B) of Telangana Medical and Dental Colleges Admission (admission into MBBS & BDS Courses) Rules-2017 would not be applicable for the permanent residents of Telangana.
Back then, the bench, however, did not strike down the rule observing "Since this rule is associated with rule 3(III)(C) which allows only those students as locals who studied here for seven previous consecutive years, we are not striking it down because it would open the space for outsiders contrary to the Presidential Order that protects local reservations."
