Supreme Court to decide on Telangana domicile quota for MBBS admissions
New Delhi: The Supreme Court is going to decide on the domicile quota for MBBS admissions. The bench has deferred to June 2 a hearing on pleas against a Telangana high court verdict holding that the state's permanent residents cannot be denied benefits of admissions in medical colleges merely because they lived elsewhere.
According to the PTI report, the top court was hearing an appeal against the Telangana High Court verdict holding that the state's permanent residents cannot be denied the benefit of admission in the medical colleges merely because they lived outside and did not study Classes 9, 10, 11 and 12 at schools in the state.
The bench, on September 30 last year, had observed that Telangana has a "legitimate interest" in pressing for domicile certificates in granting admissions in medical colleges even as it asked the state government whether it can put at abeyance its domicile policy for the current academic year.
Prior to this, the SC bench had stayed the high court order that permanent residents or those domiciled in the state cannot be denied the benefit of admission to medical colleges merely because of their study or residence outside Telangana.
In its appeal, the state government contended that the high court erroneously held that Rule 3 of the Telangana Medical and Dental Colleges Admission Rules, 2017, as amended in 2024, to be interpreted to mean that the respondents shall be eligible to admission in the medical colleges in Telangana.
The rule mandated that students seeking admission to Telangana medical colleges must have studied for four consecutive years in the state before the qualifying exam.
"Such an order by the High Court overlooks the fact that the state of Telangana possesses the legislative competence to determine various requirements, including domicile, permanent resident status etc., to determine admission of students in the universities in the state of Telangana," the appeal stated, quotes PTI
The state government said the high court judgement will mandate the state to prepare the new rules for admission which is a time-consuming process.
"After the framing of the rules, students need to apply and collect the requisite certificates from the authorities concerned. Each certificate submitted by a student needs to be verified by the Health University.
"Whereas the present rule prescribes that the students can produce their educational certificate without approaching any office or authority. If the judgement of the High Court is implemented, it will result in a huge delay in the allotment of seats to MBBS and BDS students," the plea said.
The bench comprising Chief Justice B R Gavai and Justice Augustine George Masih said it will hear the nine pleas, including the one filed by the Telangana government, during the 'partial working days'.
Medical Dialogues had earlier reported that the Supreme Court 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. 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.
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.
Also Read:Supreme Court relief to in-service doctors with Telangana domicile
