Telangana State Quota MBBS Admission Rules: Supreme Court to Hear Matter on Sept 30
New Delhi: The issue concerning the validity of the Telangana Government's rule requiring the permanent residents of the State to undergo 4 continuous years of study to get admitted to the domicile quota MBBS or BDS seats will be heard by the Supreme Court on Monday i.e. on September 30, 2024
Previously, while considering the matter, the Telangana High Court held that the State's permanent residents did not need to study in Telangana for 4 continuous years for MBBS and BDS admission in the domicile quota seats.
However, recently, the State Government challenged the order before the Apex Court bench comprising Chief Justice of India DY Chandrachud, Justices JP Pardiwala and Manoj Misra.
As per the latest media report by Law Trend, the matter will now be heard by the Supreme Court on September 30, 2024. Recently, on September 20, the Apex Court bench stayed the High Court's order after the State agreed to a one-time exception for 135 students who had filed plea before the High Court bench over their ineligibility under the current rules.
Although the matter was scheduled for further hearing on Friday, it was postponed due to the absence of Justice JB Pardiwala and was rescheduled to the end of the month.
During the hearing of the case, the counsel for the State, Senior Advocate Gopal Sankaranarayanan, emphasized that similar residency requirements are enforced in other States like Assam and Haryana and the Supreme Court upheld the same.
On the other hand, the counsel for the affected students, Senior Advocate Shahdan Farasat argued that 16 petitioners, all of whom were permanent residents of Telangana and attended coaching in Andhra Pradesh, were unjustly excluded from the admission process under the existing regulations.
In its appeal before the Supreme Court, the Telangana Government argued that the High Court had erroneously interpreted Rule 3(a) of the 2017 rules, amended in 2024. As per the State, it has the legislative authority to set the admission standards, including residency and domicile requirements, for its educational institutes.
"The high court’s judgement necessitates drafting new admission rules, a lengthy process that delays the admission cycle significantly," the State mentioned in its plea, arguing that the current rules streamline the verification process, allowing students to present their educational certificates directly, avoiding bureaucratic delays.
Plea before High Court:
Medical Dialogues had earlier reported that more than 50 pleas were filed before the Telangana HC challenging the validity of Rule 3(a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules 2017 as amended vide the GO dated July 19, 2024, which made it mandatory for the MBBS and BDS aspirants to study continuously from Classes 9 to 12 in the State.
As per the rules, a candidate seeking admission under 'Competent Authority Quota' for local candidates required to study in the State of Telangana for a period of 4 years or reside in the state for 4 years.
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 State had argued before the HC bench that it was open for the State to provide reservation based on the domicile/residence. The State claimed that the amendment was introduced to the rule to help the local candidates.
However, recently the HC bench 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 held that the permanent residents of Telangana could not 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.
"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," the HC bench comprising Chief Justice Alok Aradhe and Justice J Sreenivas had held.
However, the Court had not struck down the rule completely, holding that it would allow students from across the country to seek admission in Telangana's medical colleges, potentially disadvantaging the state's permanent residents.
Therefore, the Court had suggested the State to frame the guidelines/rules to determine as to when a student can be considered as a permanent resident of the State of Telangana.
"We direct that Rule 3(a) of the 2017 Rules, as amended vide G.O.Ms.No.33, dated 19.07.2024, will be interpreted to mean that the petitioners shall be eligible to admission in the medical colleges in the State of Telangana, if their domicile is of State of Telangana or if they are permanent residents of the State of Telangana. It is stated at the bar that there are no guidelines/rules framed by the State Government to ascertain whether a student is a domicile/permanent resident of the State of Telangana. We, therefore, grant the liberty to the Government to frame the guidelines/rules to determine as to when a student can be considered as a permanent resident of the State of Telangana," the Court ordered.
Also Read: Telangana Local Quota in Medical Colleges- Supreme Court to Consider Matter
