Telangana HC struck down local rules for medical PG admissions

Hyderabad: A two-judge bench of the Telangana High Court on Tuesday struck down the rule that the eligibility criteria for candidates appearing for the NEET-PG, which governs admissions to medical colleges in the state, is deemed to be “local candidates”.

The bench allowed a batch of over 90 writ petitions questioning GOMs.No.148 dated October 28 amending Rule VIII of the Telangana Medical Colleges (Admission to Post Graduate Medical Courses) Rules, 2021.

In order to be a local candidate for post-graduate medical course, the candidate must have been admitted to graduate level i.e. MBBS under the local quota. A similar rule incorporated under the AYUSH rules was also challenged.

The petitioners contended that the rules were amended after the commencement of the counseling session by combining the requirement of accommodation/domicile with the requirement of institutional preference for admission to postgraduate courses under local candidate quota.

The petitioners have claimed that the amendment violates Article 14 of the Constitution.

The petitioners have demanded that apart from residence, eligibility should be the only criterion for admission to postgraduate courses. Otherwise, preference may be given on institutional basis while allocating seats unless it exceeds 50 percent.

Advocate General A Sudarshan Reddy, appearing for the State, submitted that Section 95 of the Reorganization Act supersedes the applicability of the Presidential Order, 1974 or Article 371D of the Constitution.

The AG asserted that the state has the right to amend the rules to implement accommodation-based criteria for admission to PG courses.

The AG emphasized that the 2021 rule does not provide for the domicile requirement with institutional preference. Any student who has studied from Class 8 to 12 in Telangana was eligible for admission under the local quota and thus eligible to be treated as a local candidate for admission to postgraduate courses.

In its 106-page judgment, the bench framed nine issues in contention and then discussed them in detail.

It clarified that Article 371D of the Constitution as well as the Presidential Order, 1974, which deals with education, applies to Telangana. It ordered that “Section 95 of the Reorganization Act is an enabling provision and mandates to ensure equal opportunities for quality higher education to all students in the successor states, existing admission quotas in public or private, aided or unaided, institutions. Pursuant to Article 371D of the Constitution Higher, technical and medical education will continue for 10 years.The existing common admission process will continue.

In view of the mandate contained in Article 95, the State Government should have taken appropriate steps to amend the Presidential Order, 1974 relating to education as in the case of the Presidential Order, 1975. Public employment.

However, the state government did not admit to approaching the President for any amendment or modification in the President’s Order, 1974 relating to education.

However, instead of seeking amendments, the state government implemented the Telangana Adaptation Laws Order, 2016, and the Presidential Order, 1974 in Telangana. Therefore, the contention that the President’s Order, 1974, is not applicable to Telangana in view of the mandate contained in Section 95 of the Reorganization Act, is not tenable.”

The bench disposed of the batch of writ petitions holding that candidates who have completed MBBS/BAMS/BHMS course from Telangana or who have completed MBBS/BAMS/BHMS from ‘local area’ as defined in Presidential Order, 1974 are eligible. For local candidates to participate in counseling for admission to post graduate courses in Telangana regarding seats. Academic year 2024-25.

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