The Telangana High Court has issued notice to the state government and Kaloji Narayanarao University of Health Sciences on a petition challenging the decision to reserve 100% seats in MBBS & BDS admissions under 'Competent Authority Quota' for locals in 36 state colleges established after June 02, 2014. Earlier, 15 percent of the seats were unreserved and anyone including candidates from Andhra Pradesh could compete from them.

The petition, filed by a NEET aspirant and her father, was heard by the division bench of acting Chief Justice Abhinand Kumar Shavili and Justice Namavarapu Rajeshwar Rao last week.

The plea challenges the G.O.Ms No 72 of 2023 issued by the State of Telangana and subsequently the Prospectus/ Notification for MBBS and BDS courses, issued by Kaloji Narayana Rao University for Health and Science for the academic year 2023-2024, and argues that the same is against the object and intent of Article 371 D, and "highly-illegal, arbitrary, irregular, irrational, violation to the Andhra Pradesh Reorganization Act, 2014 apart from being violative of Articles 14 and 21 of the Constitution of India, 1950."

Advocate P. Thirumala Rao, representing the petitioner, submitted that the petitioner, a resident of Andhra Pradesh, aspires to study medicine in Telangana and had registered for the NEET MBBS & BDS for the academic year 2023-2024. The exams were conducted in May 2023 and results were declared in June 2023.

The petitioner cleared the exam and was waiting eagerly for counselling to being, when the Government of Telangana issued G.O.Ms No. 72 of 2023, whereby allotting 100% medical seats in the ‘Competent Authority' Quota only to the residents of Telangana in the colleges established after June 2014 thereby debarring the candidates from Andhra, the court was told.

"The impugned government order reserves 100% of seats under the 'Competent Authority Quota' in medical colleges established after 02.06.2014 solely for 'local candidates' of Telangana. This discriminatory reservation policy not only violates Section 95 and other provisions of the Andhra Pradesh Reorganization Act, 2014 but also infringes upon the fundamental rights and constitutional safeguards. The exercise of such unilateral decision by the Government of Telangana is a blatant disregard for the principles of fairness, equality, and meritocracy. It effectively denies students like the Petitioner.No.1 herein an equal opportunity to pursue the chosen profession based on her hard work and academic performance," the petition argues.

The court was told that in 2018, the Andhra Pradesh High Court ordered the "State Government of Telangana to implement the Presidential Order made under Article 371-D while holding that – Applying the Presidential Order, to this 50% State quota seats, would obligate the State Government to set apart 15% thereof as unreserved seats which would be available to be filled up with students from any of the four categories mentioned in Para - 11 of G.O.P. No.646 dated 10.07.1979."

Before the formation of the state in 2014, there were 20 medical colleges in Telangana. "Currently, Telangana has a total of 56 medical colleges for the academic year 2023-2024. The latest amendment/s as per G.O.Ms.No.72 dated 03.07.2023 will be applicable to the 36 medical colleges (26 government and 30 private) established after the state’s formation. Similarly, the number of MBBS seats has increased from 2,850 before 2014 to 8,340, with an addition of 5,490 seats over the past decade, 85% of which will be available for local students (OU Region Students) i.e., Telangana Students," the plea explains.