Telangana Govt Moves Supreme Court Against HC Order Diluting Local Quota Criteria For MBBS/BDS Admissions

The State of Telangana has moved the Supreme Court challenging the decision of the Telangana High Court which held that a permanent resident of the State was not required to study in Telangana for 4 continuous years to get admission in MBBS or BDS courses in the domicile quota seats. 

Senior advocate Gopal Sankaranarayanan appearing for the state on September 12 made a mentioning before the bench of CJI DY Chandrachud regarding the challenge. 

"High Court has struck down and watered down the domicile requirement for medical admissions, the deadlines have been sent, this SLP is by the state asking for that to be reconsidered "

The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra agreed to list the matter 

Before the Telangana High Court, a batch of 30 petitioners challenged the validity of Rule 3(a) of Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 (Rules 2017) which was amended by the State on July 19. 

As per the impugned provision, a candidate seeking admission under the 'Competent Authority Quota' for local candidates requires him or her to study in the State of Telangana for a period of 4 years or reside in the state for 4 years.

In view of the same, the High Court  noted, "a more stringent requirement in Rule 3(a) of the Rules has been incorporated, namely that the candidate must have to pass the qualifying examination from the State of Telangana."  

Notably, Rule 3(iii) provides 85% reservations to 'local candidates' for permanent residents of the State. 

In its judgment, the bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao focused on Rule 3(a) of the 2017 Rules, as amended by G.O.Ms.No.33 on July 19, 2024. The primary purpose of this rule is to reserve seats for local candidates in medical colleges. The court recognized that if this rule were to be completely struck down, it would allow students from across the country to seek admission in Telangana's medical colleges, potentially disadvantaging the state's permanent residents.

"The object of Rule 3(a) of the 2017 Rules, as amended vide G.O.Ms.No.33, dated 19.07.2024, is to provide reservation for local candidates. In case the rule is struck down, then students from all over the country shall be entitled to admission in medical colleges situate in the State of Telangana and the domicile/permanent residents of State of Telangana would be deprived of the benefit of admission."

The bench "read down" Rule 3(a) and 3(iii) of the 2017 Rules to interpret that the rules should not apply to the permanent residents of Telangana. The High Court construed the same in line with Article 371D(2)(b)(ii) of the Indian Constitution, which allows for special provisions to be made for people from different parts of the state regarding admission to educational institutions.

"Therefore, we read down the Rule 3(a) and 3(iii) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, as amended vide G.O.Ms.No.33, dated 19.07.2024. It is held that the aforesaid Rule shall not apply to permanent residents of the State of Telangana. Thus, by reading down the Rule in the manner indicated above shall also be in consonance of object of Article 371D(2)(b)(ii) of the Constitution of India i.e., of making special provision to the people of different parts of State for admission to educational institutions." 

The High Court also suggested the State Government to frame the guidelines/rules to determine as to when a student can be considered as a permanent resident of the State of Telangana

"We direct that Rule 3(a) of the 2017 Rules, as amended vide G.O.Ms.No.33, dated 19.07.2024, will be interpreted to mean that the petitioners shall be eligible to admission in the medical colleges in the State of Telangana, if their domicile is of State of Telangana or if they are permanent residents of the State of Telangana. It is stated at the bar that there are no guidelines/rules framed by the State Government to ascertain whether a student is a domicile/permanent resident of the State of Telangana. We, therefore, grant the liberty to the Government to frame the guidelines/rules to determine as to when a student can be considered as a permanent resident of the State of Telangana."  

Notably, in September 2023, the High Court's Division Bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar read down Rule 3(III)(B) of  2017 Rules. 

Rule 3(III)(B) of the 2017 Rules stipulate that a person shall be deemed to be a local candidate, if he/she has either studied four consecutive years preceding the exam in the State or, has lived for 7 consecutive years in the State preceding the exam.

The bench refrained from striking down the Rule honouring the object of the legislation, which is to provide reservations for local candidates. The Court rather read it down, holding that the same will not be applicable to permanent residents of the State.