Supreme Court Denies to Stay Telangana HC Order Striking Down Local Quota Criteria for PG Medical Admissions
Supreme Court of India
New Delhi: The Supreme Court bench has denied imposing a stay on the Telangana High Court order striking down the amended criteria to determine the 'local' status of candidates in post-graduate medical admissions.
Medical Dialogues had earlier reported that the Telangana High Court granted major relief to the medicos who pursued MBBS degrees in Telangana but completed their schooling from outside the State, allowing them to participate in postgraduate (PG) medical counselling within the State as local candidates.
In its order dated December 17, 2024, the HC struck down the provisions including explanation clause (b) to Rule VIII (ii) of the Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2021, as amended by GO 148 (dated Oct 28, 2024) and explanation (b) to Rule 8 (ii) of the Telangana Admission into PG (AYUSH) Courses Rules issued GO 149 (also dated Oct 28).
By implementing these rules, the State sought to impose stricter criteria for determining a candidate's 'local' status. As per the Government, these GOs aimed to help local candidates.
However, due to these regulations, many students were placed in a difficult position as they were not recognised as local students anywhere including their home states. However, these provisions were challenged before the Telangana High Court, which in December, 2024, struck down these regulations. Challenging this order, the State of Telangana approached the Supreme Court.
Also Read: Relief to Telangana PG medical candidates: HC junks GO restricting local candidate status
As per the latest media report by Live Law, the Supreme Court bench comprising Justices BR Gavai and AG Masih denied to stay the Telangana High Court order stating, "we are afraid that such a prayer can not be granted without hearing the petition on merits. The High Court by an elaborate judgment has set aside certain provisions of law. Unless we find that the reasoning as adopted by the High Court is erroneous, in our view, an interim order to the effect of staying the impugned judgment and order would not be in the interest of justice."
Regarding the contention that the judgment would exclude from the counselling process certain in-service candidates, who completed their 9th-12th standard studies from Telangana, but pursued MBBS from outside the State and thereafter started working in government colleges/hospitals, the Court opined that the operative part of the judgment did not have that effect.
"We are of the view that the operative part of the impugned judgment and order does not have the effect of excluding the students, who have passed 9th to 12th standard from the State of Telangana and are working with the Government of Telangana from the process of counselling only on the ground that they have completed their MBBS outside the State of Telangana," clarified the top court bench.
"If the State desires to do something to facilitate counselling for them, we do not find that the impugned judgment and order would come in the way," further added the bench.
Before the amendment was introduced by the state government, candidates who had completed their medical degrees from institutes located in the 'local area' (as defined by the 1974 Presidential Order) were considered local candidates. However, due to the amendment, it was decided that the candidates admitted to MBBS/AYUSH (UG) courses under the 'Non-Local Quota' in Telangana would not be eligible to be treated as local candidates.
Challenging these provisions around 100 pleas were filed before the HC, which held that the bench observed that all those who completed their MBBS degrees in Telangana were entitled to be admitted to PG medical courses as local candidates for the year 2024-2025.
Further, the bench agreed with Senior Counsel G Vidya Sagar who argued that Presidential Order 1974 was very much in force in the education sector in Telangana even after the bifurcation of United Andhra Pradesh and the amended rules introduced by the State could not change the mandate of the Presidential Order. Agreeing with this contention, the HC bench observed that in case of a conflict between them, the Presidential Order would prevail.
As per the bench, the Presidential Order defines those who studied the qualifying course i.e. MBBS in Telangana as local candidates would become eligible to compete for PG medical seats for local candidates regardless of their nature of seat during MBBS.
Further, the bench noted that the Presidential Order was made in respect to education in 1974 and it has neither even amended nor repealed by Telangana. Therefore, considering Paragraph 6 of the Telangana Adaptation of Laws Order, 2016, the same is deemed to have been adapted for Telangana. The bench opined that the Government should have taken appropriate steps to seek amendment in the Presidential Order considering the mandate contained in section 95 of the AP Reorganisation Act.
Observing that the PG medical admission rules were introduced in October before notifying the PG medical admissions, the bench opined that it could not be said that the rules were amended after the commencement of admission process. "What was found inconsistent is the changed definition of the local candidate and hence it was struck down," it noted.
