A candidate must either study for four consecutive years or reside in Telangana for four years to qualify as a local candidate for admission, as per the relevant rules.

ORDER:

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. B.Mayur Reddy, learned Senior Counsel representing Mr. Alluri Divakar Reddy, learned counsel for the petitioner.

Mr. R.Nagarjuna Reddy, learned Assistant Government Pleader for Medical, Health and Family Welfare Department for the respondent No.1.

Mr. G.Ravi, learned counsel representing Mr. A.Prabhakar Rao, learned Standing Counsel for the Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, “the University”) for the respondent No.2.

2. With the consent of the learned counsel for the parties, the matter is heard finally.

3. In this writ petition, the petitioner, inter alia, seeks a direction to the University to treat her as a local candidate for admission to MBBS/BDS course for the academic year 2024-2025 in accordance with Rule 3(a)(ii) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 (hereinafter referred to as, “the Rules”).

4. Facts giving rise to filing of this writ petition briefly stated are that the petitioner prosecuted her studies up to class X in Dubai between the period from 1998 to 2008. According to the petitioner, she shifted to the State of Telangana in the year 2019 and passed her XI and XII class examination, namely Intermediate examination, from the National Institute of Open Schooling. The petitioner was registered as a candidate from the State of Telangana. According to the petitioner, she is residing in the State of Telangana since the year 2019.

5. The petitioner appeared in the NEET examination which was held on 05.05.2024. The result of the said examination was declared on 26.07.2024. The State of Telangana had amended the Rules vide G.O.Ms.No.33, Health, Medical and Family Welfare (C1) Department, dated 19.07.2024.

6. Even though the petitioner had produced the certificate issued by the Tahsildar, Serilingampally, dated 14.07.2023, before the University stating that she is residing in the State of Telangana since the year 2019 and has passed the qualifying examination from the State of Telangana, she was not treated as the local candidate. Thereupon, the petitioner filed this writ petition, inter alia, on the ground that in view of Rule 3(a)(ii) of the Rules, she is entitled to be treated as a local candidate.

7. Learned Senior Counsel for the petitioner has submitted that as the petitioner has complied with the mandate contained in Rule 3(a)(ii) of the Rules, the action of the University in not treating her as the local candidate is arbitrary, irrational and is in violation of Rule 3(a)(ii) of the Rules.

8. On the other hand, the learned counsel for the University has submitted that the petitioner has not fulfilled the requirement of having studied four consecutive years in the State of Telangana and therefore she cannot be treated as the local candidate.

9. We have considered the rival submissions made on both sides and have perused the record.

10. Before proceeding further, it is apposite to take note of Rule 3(a) of the Rules, which is extracted below for the facility of reference:

“(a) A candidate for admission into undergraduate courses under ‘Competent Authority Quota’ in Telangana should be Indian National/Person of Indian Origin (PIO)/Overseas Citizens of India (OCI) card holder and shall fulfil the following provisions:

i) If the candidate has studied in educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared in the relevant qualifying examination.

or ii) Where during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared, or as the case may be, first appeared for the relevant qualifying examination, he has not studied in any educational institutions, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of