HYDERABAD: In a significant ruling, on Thursday, a Division Bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, has allowed a batch of 53 writ petitions challenging the validity of Rule 3(a) of the Telangana Medical and Dental Colleges Admission (MBBS and BDS Courses) Rules, 2017, as amended by Government Order (GO) 33, dated July 19, 2024.
The petitioners, who are permanent residents of Telangana, sought to be treated as local candidates for admission to MBBS and BDS courses under the 85% local quota in the state's medical colleges. They argued that Rule 3(a), which pertains to the criteria for local candidates, violated their rights, as they had completed their intermediate education in Andhra Pradesh and other neighboring states but were still permanent residents of Telangana.
The High Court, after examining the arguments presented, directed that Rule 3(a) should be interpreted to include students who are permanent residents of Telangana, even if they had completed their education outside the state. The court clarified that the petitioners would be eligible for admission under the local quota, provided they can prove their domicile or permanent residency in Telangana.
The court also noted the absence of clear guidelines or rules from the state government to determine a student's permanent residency or domicile status. As a result, the Bench granted the Telangana government the liberty to frame appropriate guidelines or rules to define when a student qualifies as a permanent resident of the state. The University will then apply these guidelines on a case-by-case basis.
Counsel for the petitioners highlighted that Rule 3(a) is similar to a previously challenged provision, Rule 3(III)(B) of the 2017 Rules, which had been struck down by a Division Bench of the High Court on August 29, 2023. They argued that the amended Rule 3(a) did not address the concerns raised in the earlier ruling and should therefore be struck down.
The state government, represented by the Advocate General, defended the amendments, stating that the 2017 Rules, as amended by GO 72 in 2023, had already been upheld by the High Court and the Supreme Court of India. The Advocate General also emphasized that the government was mandated to redefine the "local area" after ten years, necessitating the changes in the rules.
The court's ruling marks a pivotal moment in the debate surrounding local quotas for medical admissions in Telangana. The government's forthcoming guidelines on permanent residency will play a crucial role in determining eligibility for future applicants.
Key Highlights
- The Telangana High Court has allowed 53 writ petitions challenging the validity of Rule 3(a) of the 2017 admission rules.
- The court directed that permanent residents of Telangana shall be eligible for admission under the 85% local quota.
- The state government has been granted the liberty to frame guidelines to define "permanent resident" status.