HYDERABAD: A division bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice J Sreenivas Rao, has allowed candidates who completed MBBS, BAMS or BHMS courses in Telangana or within the “local area” defined by the Presidential Order of 1974 to participate in counselling for local-category seats in postgraduate medical admissions for the 2024-25 academic year.
The bench struck down Explanation (b) to Rule VIII(ii) of the Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2021, as amended by GO 148, dated October 28, to provide the facility. The corresponding Explanation (b) to Rule 8(ii) of the Telangana Admission into Post Graduate (AYUSH) Courses Rules, 2024, issued through the same GO, was also invalidated.
A total of 98 writ petitions contested the validity of the GO. The petitioners argued that these changes violated Section 3 of the Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983, and the Presidential Order.
The petitioners further claimed that the amended rules were discriminatory and failed to achieve their intended purpose. They emphasised that the amendments conflicted with the principles enshrined in the Presidential Order and sought to exclude students eligible under local area norms.
The Advocate General, representing the state, argued that Section 95 of the AP Reorganisation Act, 2014, rendered the Presidential Order and Article 371D inapplicable to Telangana. It was also contended that the state retained the authority to amend admission rules and introduce residency-based criteria, citing precedents from Tamil Nadu and Karnataka.
The petitioners, represented by senior counsel G Vidya Sagar, maintained that the Presidential Order of 1974 continued to govern admissions in Telangana, as per the Andhra Pradesh Reorganisation Act.
The Bench ruled that the amendments introduced via GO 148 were unconstitutional. It held that local candidates, as defined by the Presidential Order of 1974, are entitled to reservation benefits in postgraduate medical admissions.