HYDERABAD: In a significant development, a division bench of the Telangana High Court, comprising Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao, on Wednesday issued an interim order affecting the admission rules for medical and dental colleges in the state.
The court directed the Kaloji Narayana Rao University of Health Sciences (KNRUHS) to provisionally accept the online applications of petitioners challenging recent amendments made to the Telangana Medical and Dental Colleges Admissions Rules.
This decision was influenced by the Supreme Court’s judgment in the case of Ahmedabad Municipal Corporation vs. Nilaybhai R. Thakore. The high court recognised that the petitioners made a prima facie case and noted that failing to allow them to submit their forms by the deadline of August 15, could result in irreparable harm. The court stipulated that the provisional acceptance of applications would be conditional, not creating any permanent rights or equities in favour of the petitioners.
The bench heard a batch of writ petitions that questioned the constitutionality of GO 33, dated July 19, 2024, which amended the Telangana Medical and Dental Colleges (Admission into MBBS and BDS Courses) Rules of 2017. Counsel for the petitioners argued that the recent amendments, specifically the insertion of sub-rule (iii), were an attempt by the respondents to circumvent a binding judgment from a previous writ petition in 2023.
The petitioners’ counsel contended that the 2023 judgment had found certain provisions of the 2017 Rules unconstitutional. The court had clarified that Rule 3(III)(B)(b) of the 2017 Rules was not aligned with its intended objectives and could not be justified solely based on study or residence in the local area. Consequently, the rule was read down to allow candidates with a residence certificate issued by the Telangana government to be treated as local candidates.
In contrast, the Advocate General argued that the previous judgment was based on unique circumstances and should not apply universally. He cited a similar case where a co-ordinate bench did not favour arguments against mid-process rule changes. The AG further referenced Supreme Court rulings upholding similar rules in other jurisdictions.
The division bench, after considering the arguments and the urgency of the matter, scheduled further hearings for August 27.