MBBS Admission Rule Requiring Candidates to Study in State for 4 consecutive years not Applicable to Permanent Residents: Telangana HC
Telangana High Court
Hyderabad: In a major relief to the permanent residents of Telangana seeking MBBS/BDS admission in the State, the High Court has clarified that Rule 3(III) (B) of Telangana Medical and Dental Colleges Admission (admission into MBBS & BDS Courses) Rules-2017 is not applicable for the permanent residents of Telangana.
According to this particular rule, to be eligible for MBBS/BDS admission under the State-Quota seats in Telangana, the candidates are required to study in a local educational institution or reside in the State for four consecutive academic years before appearing in the National Eligibility-cum-Entrance Test (NEET). Among the total MBBS/BDS seats, 85% remain reserved for the State Quota candidates and 15% of the total seats remain reserved for the All India Quota (AIQ) candidates.
Challenging this rule, parents and students, who were aggrieved with this rule, approached the Telangana High Court bench. While considering the matter, the HC bench of Chief Justice Alok Aradhe and Justice T Vinod Kumar opined that Rule 3(III)(B) was inimical to the interests of students and observed, "We found this rule unconstitutional."
However, the bench did not strike it down and observed, "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."
“We are only reading down rule 3(III)(B), thereby providing exemption to the permanent residents of Telangana from this rule,” the bench further observed.
Also Read: Telangana doctors demand salary hike, release of arrears
As per the latest media report by Deccan Chronicle, on the basis of Rule 3(III)(B), until now Kaloji Narayana Rao University of Health Sciences (KNRUHS) and the medical and health departments have been denying admission to the candidates if they had not done their intermediate or if they studied Classes 9 and 10 in other states. Admissions were denied under the State Quota seats even if the candidates pursued the rest of their studies in the State.
Several students, including the wards of All India Service officials and Central Government employees challenged this rule and filed pleas before the High Court.
Times of India adds that the senior counsel B Mayur Reddy contended that a student from Telangana may claim the State Quota seats even if he or she had studied Intermediate in another State if he/she was in the State and completed his/her schooling there.
On the other hand, the State contended that being on transfer, children of the concerned All India Service Officials and Central Government employees pursued their studies in other States, and after qualifying for the NEET, the University declared them to be non-local candidates.
While considering the matter, the HC bench took the contentions of the petitioner students, and the University into consideration and opined that Rule 3(III)(B) of 2017 Rules violated Article 14 of the Constitution of India.
However, the bench further opined that if the rule was struck down, students belonging to all over the country shall be entitled to admission to medical colleges in the State. Therefore, instead of striking down the rule, the HC bench felt that the rule needed to be read down and held that the rule shall not be applicable for the permanent residents of Telangana.
Therefore, the bench issued directions to KNRUHS for allowing such students who obtain residence certificates from a competent authority in the next seven days and treat them as local candidates.
"Then the petitioners shall be treated as local candidates for admission to MBBS/BDS courses for the academic year 2023-2024," the court said.
