Prashansa Rathod vs State of Telangana - 2023 Supreme(Telangana) 651

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Telangana) 651

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, T. VINOD KUMAR, JJ.
Prashansa Rathod and Others – Petitioners
Versus
The State of Telangana and Another – Respondents
Writ Petition Nos. 21268, 21788, 21926, 22038, 22177, 22261, 22449, 22570, 22571, 23265, 23341, 23601 23605 of 2023
Decided On : 29-08-2023

Advocates:
Advocate Appeared:
For the Petitioners: K. Rama Krishna Reddy, Manoj Reddy, B. Mayur Reddy, Alluri Divakar Reddy, Prabhakar Peri, P. Nagesh, Kirthi Teja Kondaveeti, S. Surender Reddy, Uzair Ahmed Khan, K.R. Sunil Kumar, G. Dinesh Patil.
For the Respondents: N. Praveen Kumar, A. Prabhakar Rao, Kaloji Narayana Rao.

Headnote:(A) Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 - Rule 3(III)

(B) - Validity of education residency criteria for local candidates in medical admissions challenged - Court found criteria arbitrary, violating Article 14 of the Constitution - Writ petitioners, residents of Telangana, denied local candidate status for not meeting four-year study or residence requirement due to parental transfers amid pandemic - Court read down Rule to exempt permanent residents affected by authorities' assignments. (Paras 47-95)

Facts of the case:
Petitioners, native to Telangana, faced ineligibility for local candidate status in medical admission due to education periods interrupted by parental transfers amid COVID-19 pandemic, leading to challenges against G.O.Ms. No. 114 of 2017 citing unconstitutionality.

Findings of Court:
Court upheld the right of residents to be treated as local candidates and determined the rule's rigorous education requirements were unreasonable. Directed University to recognize petitions from those with residence certificates reciprocity from Telangana.

Issues: 1. Validity of Rule 3(III)

(B) concerning local candidate criteria. 2. Applicability of exemptions for children of government employees in admissions criteria. 3. Reasonableness of educational continuity requirements under pandemic conditions. 4. Whether the amendment to regulation 3(III)

(B) is necessary.

Ratio Decidendi: Court established that residency criteria under Rule 3(III)

(B) could not impose undue hardship on local residents and read down the rule to align it with Article 14, ensuring fairness and access to local educational opportunities.

Result: Writ petitions disposed with directives to consider local candidate status for the petitioners based on their permanent residency certification.

ORDER :

1. In this batch of writ petitions, the issue with regard to validity of Rule 3(III)(B) of the Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 (hereafter referred to as ‘2017 Rules’) arises for consideration. In view of the commonality of the issue, the writ petitions were heard analogously and are being decided by this common order.

Facts in W.P. No. 21268 of 2023:

2. The facts as can be inferred from the averments in the petition in W.P. No. 21268 of 2023 are that the petitioner who was born in Hyderabad claims herself to be permanent resident of State of Telangana. The petitioner completed her schooling from classes 1st to 10th in Hyderabad Public School, Begumpet, Hyderabad. The parents of the petitioner are IPS officers and belong to All India Service. In the year 2017, the father of the petitioner was transferred to Chennai. Thereafter, in the year 2021, the mother of the petitioner was also transferred to Chennai. On account of COVID pandemic, it was not possible for the petitioner to stay in the boarding school at Hyderabad, as all boarding schools were shut down. The petitioner on account of transfer of her parents to Chennai, prosecuted her studies and passed her 11th and 12th classes examination from Chennai.

3. The petitioner thereafter appeared in the NEET examination on 07.05.2023. The result of the NEET examination was declared on 13.06.2023. However, on 02.08.2023, the Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, “the University”) declared the petitioner ineligible for admission as local candidate. The petitioner indicated her options on 06.08.2023. Thereafter, the petitioner has filed this writ petition on 07.08.2023 challenging G.O.Ms. No. 114, dated 05.07.2017, on the ground that the same is unconstitutional. The petitioner also sought a relief that she be declared as local candidate for the purposes of admission into MBBS/BDS courses for the academic year 2023-2024.

Facts in W.P. No. 21788 of 2023:

4. The petitioner in this case, claims to be the native of Mupkal Village, Nizamabad District of the State of Telangana. It is averred in the writ petition that the petitioner was born at ADR Hospital, Hyderabad. He did his schooling from class 1st to 10th between the years 2010 to 2020 in the State of Telangana. The petitioner has admittedly passed classes 11th and 12th examination from Royal International School, Palakkapalayam, Nammakal District in the State of Tamil Nadu.

5. It is further averred in the writ petition that after completion of class 12th in the year 2022, he had joined long term coaching for NEET during the academic year 2022-2023 at Sri Chaitanya Educational Institution, Hyderabad. The petitioner could not stay in Hyderabad by making alternative arrangements at the relevant time due to onset of COVID pandemic and had no option but to shift to Tamil Nadu where his mother stayed.

6. The petitioner thereafter appeared in the NEET examination, 2023 and cleared the same. The University on 02.08.2023 treated the petitioner as a non-local candidate.

7. The petitioner indicated his options on 05.08.2023. Thereafter, the petitioner has filed this writ petition on 10.08.2023 challenging G.O.Ms. No. 114, dated 05.07.2017, on the ground that the same is unconstitutional.

Facts in W.P. No. 21926 of 2023:

8. The petitioner in this petition, as is evident from averments made in the petition, claims to be the native of State of Telangana. She did her schooling from classes 1st to 8th in the State and passed classes 9th and 10th from the Holy Mission Secondary School, Danapur, Patna, Bihar. She however completed her Intermediate (+2 examination) in the State of Telangana. After completion of said examination in the year 2021, the petitioner appeared in NEET examination 2023. However, on 02.08.2023, the University declared the peti