THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION No.30343 of 2025

ORDER:

Heard Mr. S.Sriram, learned Senior Counsel representing Mr. Sai Sumed Yasaswi Kondapalli, learned counsel for the petitioners, Mr. T.Ramesh, learned Assistant Government Pleader for Health, Medical and Family Welfare Department, appears for respondent No.1 and Mr. T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, “the University”), appears for respondent No.2.

2. Petitioners who have pursued education from 9th to 12th in the State of Telangana but completed MBBS outside the State of Telangana were not treated as in-service candidates for admission to Post Graduate Medical degree and diploma courses under the notification dated 30.09.2025 (Annexure P1) in view of Clause 2 read with Explanation (b) of the eligibility criteria, which is extracted hereunder:

“Explanation (b): A candidate, who has secured Admission to the relevant Undergraduate course (MBBS) under Non-Local Quota in the State of Telangana, shall not be regarded as Local candidate.”

3. Learned Senior Counsel for the petitioners drew the attention of this Court to the order dated 17.12.2024 rendered by learned Division Bench of this Court in a batch of writ petitions bearing W.P.Nos.30771 of 2024 and batch wherein the aforesaid provision was struck down. The matter was taken in appeal to the Supreme Court by the aggrieved State of Telangana. Learned Senior Counsel for the petitioners referred to the interim order dated 15.01.2025 passed in SLP (C).Nos.30706-30708 of 2024 wherein the Apex Court refused to stay the effect of the impugned order. It is submitted that the Apex Court further observed as under:

“6. Mr. S. Sriram, learned senior counsel appearing on behalf of some of the petitioner(s) has raised a grievance on behalf of the inservice candidates. According to him, such persons, who have completed their 9^th to 12^th standard from the State of Telangana and on account of certain reasons were required to complete their MBBS outside the State of Telangana, but after completing MBBS, they have returned to the State of Telangana and have started working with the Government of Telangana either in colleges or hospitals, would be kept out of the counselling process.

7. Prime facie, we find that the High Court has held that Explanation (b) to Rule 8(ii) of the Telangana Admission into Post Graduate (AYUSH) Courses, Rules, 2024, which excludes the students who have completed their MBBS from outside the State of Telangana from counselling, is not sustainable in law.

8. 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 9^th to 12^th 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.

7. 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.

8. List these matters on 29.01.2025 (High up on the Board).”

4. Consequent thereto, a corrigendum was issued by the University permitting in-service candidates who had completed MBBS from outside Telangana State and had studied 9th to 10th class and intermediate in the educational institutions in the State of Telangana for admission into PG Medical Courses for the academic year 2024-25 under in-service category of Competent Authority Quota (Annexure P14) dated 21.01.2025. It is submitted that the University, however, has refused to entertain the applications of the petitioners as in-service candidates on a similar criteria introduced in the present notification dated 30.09.2025. Therefore, petitioners have approached this Court with the following prayer:

“For the reasons stated in the accompanying affidavit it is