THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN Writ Petition No.27913 of 2025

Order

:

Heard Mr. I.V.Radhakrishna Murthy, learned counsel for the petitioner; Mr. R.Nagarjuna Reddy, learned Assistant Government Pleader for Health, Medical and Family Welfare Department appearing for respondent No.1 and Mr. T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences appearing for respondent No.2 (for short ‘the University’).

2. Petitioner is a candidate for admission to MBBS/BDS course for the academic year 2025-26. Petitioner claims to be eligible as ‘local candidate’ in terms of G.O.Ms.No.150 Health, Medical and Family Welfare (C1) Department dated 08.09.2025. The reason being that he has in the four consecutive academic years, as required in the said GO, studied for two years i.e., XI and XII in the State of Telangana and for the previous two years i.e., IX and X, he studied in Narayana School at Kolkata, as his father, who is an IRS officer belonging to Group-A Central Service, was transferred and posted at Kolkata.

3. Learned counsel for the petitioner submits that in the previous year, even under G.O.Ms.No.33 Health, Medical and Family Welfare (C1) Department dated 19.07.2024, by virtue of decision rendered by the learned Division Bench of this Court in W.P.No.28024 of 2024 dated 16.10.2024, he was treated as ‘local candidate’ and permitted to participate in the counselling in view of the decision rendered by the Supreme Court in Meenakshi Malik v. University of Delhi, (1989) 3 SCC 112. Petitioner has now approached this Court for a declaration that his non- inclusion as ‘local candidate’ for the purpose of admission to MBBS/BDS course for the academic year 2025-26 in respondent No.2- University by respondent No.1 is bad in law.

4. Learned counsel for the State and University both submit in one voice that pursuant to the judgment rendered by the Apex Court in Special Leave Petition (c) Nos.21536-21588 of 2024 dated 01.09.2025, the issue regarding ‘local candidate’ for admission to MBBS/BDS course in the State of Telangana has been settled. They also submit that the Apex Court has, on the basis of submission of the learned Advocate General for the State of Telangana, and the proposed amendment to G.O.Ms.No.33, dated 19.07.2024, observed that the grievances of such persons, who claim to be taken out by the State by compulsion of the movement of their parents by reason of employment in Government/All-India Services/Corporations or Public Sector Undertakings constituted as an instrumentality of the State of Telangana as also defence and paramilitary forces, who trace their nativity to the State, have been allayed. It is submitted that G.O.Ms.No.150 dated 08.09.2025, has been issued in consonance with the decision of the Apex Court. Petitioner would be required to produce the certificate of the employer of his father for the period for which he studied outside the State of Telangana during the last four academic years along with the certificate of nativity to the State of Telangana for his claim to be considered as ‘local candidate’ in the ongoing counselling process.

5. Learned counsel for the petitioner submits that the petitioner is ready and willing to produce those certificates for being treated as ‘local candidate’.

6. In that view of the matter, the instant Writ Petition is disposed of with a direction to the petitioner to approach the University with the requisite certificates for being treated as ‘local candidate’ in terms of G.O.Ms.No.150 dated 08.09.2025, in the ongoing counselling process for admission to MBBS/BDS course for the academic year 2025-26.

7. Needless to say, if the petitioner satisfies the requisite conditions laid down in G.O.Ms.No.150 dated 08.09.2025, his candidature should be treated as ‘local candidate’ in the ongoing counselling process for admission to MBBS/BDS course for the academic year 2025-26.

As a sequel, miscellaneous p