MBBS, BDS Aspirants Seek Permanent Resident Status in Telangana, HC denies relief "due to delay and laches"
Telangana High Court
Hyderabad: Taking note of the surge of pleas by medical/dental aspirants seeking admission to MBBS/BDS courses in the State as "permanent residents", the Telangana High Court bench dismissed them that the pleas were filed with a delay of at least one month.
Rejecting all claims, the division bench of Chief Justice Alok Aradhe and Justice N.V. Shravan noted, "they are not entitled to the said relief due to delay and laches.'
These pleas were filed after the recent decision of the High Court, where the bench observed 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.
Medical Dialogues had earlier reported that challenging this rule, parents and students, who were aggrieved with this rule, had approached the Telangana High Court. While considering the matter, the HC bench of Chief Justice Alok Aradhe and Justice T Vinod Kumar had earlier noted that Rule 3(III) (B) was inimical to the interests of students and observed, "We found this rule unconstitutional".
Although the bench did not strike down the rule, it had noted, “We are only reading down rule 3(III)(B), thereby providing exemption to the permanent residents of Telangana from this rule.”
In the order, the HC bench issued directions to KNRUHS to allow such students who obtain residence certificates from a competent authority in the next seven days and treat them as local candidates.
As per the latest media report by Live Law, following the HC order, the bench witnessed a surge of pleas with a prayer to consider the petitioner medical aspirants as 'permanent residents' while getting admitted to MBBS and BDS courses in the State. Numerous petitions were filed on Monday by medical aspirants and they sought similar reliefs.
The counsel for the petitioners contended that since reliefs as prayed for were granted to different students on the same grounds, the petitioners were also entitled to similar relief.
However, while considering the matter, the HC bench of Chief Justice Alok Aradhe noted that all the aspirants were treated as local candidates on August 02, 2023. On the other hand, the petitioners only approached the Court on September 11, 2023. Taking note of this, he pointed out that all the petitions that were being heard were filed with a delay of at least a month.
Regarding one of the pleas, Chief Justice Aradhe orally observed, "You have seen that petitions of others have been allowed, so now you have filed this petition. See if you had been along with those petitioners, we would definitely grant the relief. The admission process is a time-bound one. We can see the queue waiting. If we allow your relief today, tomorrow hundred lunch motions will be filed. That we can't do. Ee have already taken a view. You are hit by the principle of delay and laches."
The Daily further adds that even though some of the students placed residency certificates before the Court, they themselves admitted that they had not been residing in Telangana and had temporarily shifted to other States for pursuing education.
At this outset, the HC bench remarked, "How is the Tahsildar issuing these Certificates? I think he wants to be suspended. It seems like they (the tahsildar) don’t want an allowance. How has everybody gotten this certificate?"
