The court affirmed the validity of amended rules limiting eligibility under the ‘Competent Authority Quota,’ which were not legally contested by the petitioner.

ORDER:

SUJOY PAUL, A.C.J.

In this petition filed under Article 226 of the Constitution, the petitioner has prayed to declare the action of the respondents in not reserving 15% of un-reserved seats in Competent Authority Quota as per Presidential Order, 1974 and also the action of respondent No.2-university in not considering the petitioner for registration of admission into PG-Medical course for the academic year 2024-25 under Management Quota Category, as illegal, arbitrary, unconstitutional and sought consequential directions (i) to the respondents to reserve 15% of seats of Competent Authority Quota for un-reserved seats as per Presidential Order, 1974, (ii) to the respondents to consider the petitioner for admission into Postgraduate Medical course under Un-reserved seats, and (iii) to respondent No.2-university to permit the petitioner for registration for admission into PG-Medical course for the academic year2024-25.

FACTS:-

2. Shorn of unnecessary details, the case of the petitioner is that she is aggrieved by action of respondent No.2-University in rejecting her application for PG-MD/MS course under ‘Competent Authority Quota’ for the Academic Year 2024-25. The petitioner is native of Khammam District of Telangana State and completed her school and intermediate education in the year 2012 from the State of Telangana.

3. The petitioner, after completion of intermediate education, studied MBBS at NRI Medical College at Guntur District of Andhra Pradesh State and completed the said course in the year 2017. She got herself enrolled in Andhra Pradesh Medical Council on 08.05.2019. The petitioner, after completion of MBBS, attempted PG NEET-2024 examinations and secured rank of 18247 under General Category. On 08.01.2025, respondent No.2 issued notification for online registration under ‘Competent Authority Quota’ for PG Medical Degree/Diploma courses for 2024-25. Earlier, the cut off marks for General Category candidate were 50 percentile. However, by the order dated 08.01.2025, it was reduced to 15 percentile.

4. On 30.10.2024, respondent No.2 issued prospectus for Postgraduate Medical Degree and Diploma courses and opined that candidates of other States are not eligible under ‘Competent Authority Quota’. On 09.01.2025, the petitioner submitted online application in the web portal of respondent No.2. On 11.01.2025, the petitioner received final reminder message in her mobile number intimating to upload the certificates on or before 11:00 AM on 12.01.2025, failing which the application will be rejected.

5. The stand of the petitioner is that on 11.01.2025, the petitioner unsuccessfully tried to upload her certificates in online portal, but as per the slot of college allotted to the petitioner i.e., NRI Medical College, Guntur, Andhra Pradesh, was not shown in the web portal and accordingly, the petitioner could not upload her application. The petitioner telephonically informed respondent No.2 about this difficulty.

Contention of the petitioner:-

6. Sri M. Surender Rao, learned Senior Counsel for the petitioner, by taking this Court to certain paragraphs of common order dated 17.12.2024 in W.P.Nos.30771 of 2024 and batch decided by a Division Bench of this Court, urged that the Presidential Order, 1974 issued under Article 371D of the Constitution which deals with education still applies to the State of Telangana. The Presidential Order dated 03.07.1974 (Annexure P-5) is relied upon to contend that a conjoint reading of paragraph Nos.5 and 6 leaves no room for any doubt that 85% of the seats are reserved in favour of ‘local candidates’. The p