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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, C.J., J. SREENIVAS RAO, J.
Kalluri Naga Narasimha Abhiram and Others - Petitioners
Versus
The State of Telangana, Rep. by its Principal Secretary, Medical and Health Department and Others - Respondents
Writ Petition Nos. 21910, 22025, 22097, 22101, 22104, 22144, 22149, 22156, 22162, 22260, 22285, 22330, 22374, 22376, 22377, 22389, 22390, 22399, 22401, 22405, 22435, 22437, 22440, 22443, 22447, 22465, 22537, 22658, 22717, 22738, 22862, 22892, 23061, 23079, 23182, 23271, 23346, 23430, 23471, 23490, 23509, 23517, 23533, 23720, 23722, 23723, 23929, 23961, 24005, 24011, 24283, 24307 and 24353 of 2024
Decided On : 05-09-2024
(A) Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 – Rule 3(a) – Validity of amended Rule 3(a) challenged – Petitioners, permanent residents of Telangana, denied local candidate status due to amended rules requiring four years of study or residence in Telangana – Court held that Rule 3(a) must be read down to allow permanent residents to qualify for local candidate status despite studying outside the state – The object of the rule is to ensure local candidates have access to medical education – Court directed the state to frame guidelines for determining permanent residency. (Paras 76-88)
Facts of the case :
Petitioners claimed local candidate status for MBBS/BDS admissions in Telangana despite studying outside the state due to various circumstances.
Findings of Court :
The court read down Rule 3(a) to ensure it aligns with the rights of permanent residents, allowing them to be treated as local candidates.
Issues : Whether permanent residents can be denied local candidate status based on the amended rules.
Ratio Decidendi : The court emphasized the need for rules to be reasonable and not arbitrary, ensuring that permanent residents are not unjustly excluded from local candidate benefits.
Result : Writ petitions disposed of in favor of petitioners.
ORDER :
Alok Aradhe, C.J.
In this batch of writ petitions, the issue with regard to validity of Rule 3(a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 (hereafter referred to as ‘2017 Rules’) as amended vide G.O.Ms.No.33, dated 19.07.2024, arises for consideration. The petitioners in this bunch of writ petitions claim to be permanent residents of the State of Telangana and seek a direction to treat them as local candidates for admission into MBBS and BDS Courses in the State of Telangana. Briefly stated the facts in different writ petitions are as under:
(I) FACTS
W.P.No.21910 of 2024:
2. The petitioner Nos.1 to 3 and 6 to 14, as per the averments made in the writ petition, have studied in the State of Telangana all through. The aforesaid petitioners shifted to State of Andhra Pradesh as the institute therein was offering coaching for NEET examination exclusively. The petitioners have passed the Intermediate examination from the State of Andhra Pradesh. The petitioner No.4 has studied grades I to IV in Singapore, whereas grades V to X in the State of Telangana. The petitioner No.4 had to shift to Dubai due to her father’s ill health and has taken long term coaching in the State of Telangana for the academic year 2023-24. The petitioner No.5 submits that she studied grades I and II in the State of Andhra Pradesh, whereas grades III to X in the State of Telangana. The petitioner No.5 shifted to the State of Andhra Pradesh temporarily as the educational institution in the State of Andhra Pradesh offers coaching for NEET examination exclusively. The petitioner No.5 has passed the Intermediate examination from the State of Andhra Pradesh.
W.P.No.22025 of 2024:
3. The writ petition is conspicuously silent with regard to details of educational qualifications of the petitioners No.1 to 46. In the writ petition, it is also not stated whether the said writ petitioners are residents of State of Telangana.
4. The petitioner Nos.47 to 60, who were impleaded vide order dated 14.08.2024 in I.A.No.2 of 2024 in W.P. No.22025 of 2024, have averred that they were born in the State of Telangana and have completed their primary and secondary education at various schools in the State of Telangana and claim to be locals and permanent residents of State of Telangana.
W.P.No.22097 of 2024:
5. The petitioner in this petition claims to be native of State of Telangana. She did her schooling i.e., 1st to 8th standard in Wanaparthy, Telangana and 9th to 10th standard in the State of Andhra Pradesh and Intermediate Education at Wanaparthy, Telangana.
W.P.No.22101 of 2024:
6. The petitioner claims to be the native of Mahabubnagar District, Telangana and claims to be permanent resident of State of Telangana. The petitioner submits that he has studied in the State of Telangana all through, except that he had to study from grades VII to X in Dubai, UAE due to professional exigencies of his father.
W.P.No.22104 of 2024:
7. The petitioner claims to be permanent resident of State of Telangana. The petitioner submits that she has studied in the State of Telangana all through, but had to pursue Intermediate from the State of Andhra Pradesh as the institute therein is the only institute offering BiPC and NEET coaching.
W.P.No.22144 of 2024:
8. The petitioner claims to be native of Secunderabad and a permanent resident of State of Telangana. The petitioner submits that she studied in the State of Telangana all through except grade X, which she studied in the State of Maharashtra. She further submits she has undergone long term coaching for NEET phase 2 from 2023-24 in the State of Telangana.
W.P.No.22149 of 2024:
9. The petitioner claims to be permanent resident of State of Telangana, being native from Wanaparthy District. The petitioner submits that she has studied in the State of Telangana all through except grades IX and X which she studied in the State of Andhra Pradesh to avail better educational facilities.
W.P.No.22156 of 2
The court ruled that permanent residents of Telangana cannot be denied local candidate status for medical admissions based on amended residency rules, emphasizing the need for reasonable criteria.
The Court ruled on the eligibility criteria for local candidates in medical admission, reinforcing compliance with constitutional principles.
The ruling clarifies the interpretation of local candidate criteria for NEET admissions under revised regulations in compliance with constitutional provisions.
The court upheld residency-based admission criteria for medical college, affirming that such classification is rational and serves state interests, thus not violating constitutional provisions.
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