Hyderabad: A two-judge bench of the Telangana High Court on Tuesday struck down a rule relating to the eligibility criteria of candidates to be treated as "local candidates" appearing for NEET-PG, which governs admission to medical colleges in the state.
The bench allowed a batch of over 90 writ petitions questioning G.O.Ms.No.148 of October 28 amending the Rule VIII of the Telangana Medical Colleges (Admission into Postgraduate Medical Courses) Rules, 2021.
The rules provided that in order to be a local candidate for the postgraduate medical courses, a candidate should have secured admission to undergraduate course — i.e., MBBS — under the local quota. A similar rule incorporated under the AYUSH Rules was also challenged.
The petitioners argued that the rules were amended after the counselling session had commenced, coupling the requirement of residence/domicile with the requirement of institutional preference, for admission to postgraduate courses under local candidate quota.
The petitioners contended that the amendment was in violation of Article 14 of the Constitution.
The petitioners urged that for admission to the postgraduate course, merit alone should be criteria to the exclusion of residence. Even otherwise, institutional based preference can be provided while allotting seats as long as the same does not exceed 50 per cent.
Advocate General A. Sudershan Reddy, appearing on behalf of the state submitted that Section 95 of the Reorganisation Act replaces the applicability of Presidential Order, 1974 or Article 371D of the Constitution.
The AG emphasised that the state has the power to amend Rules to introduce residence based criteria for admission to PG courses.
The AG emphasised that the 2021 rules do not provide for requirement of domicile along with institutional preference. Any student who has studied from classes 8 to 12 in Telangana was eligible for admission in local quota and is thus entitled to be treated as a local candidate for admission to postgraduate course.
The bench in its 106-page judgement framed nine issues with regard to the controversy and thereafter elaborately discussed the same.
It inter alia clarified that Article 371D of the Constitution as well as the Presidential Order, 1974, which deal with education, apply to Telangana. It ruled that "Section 95 of the Reorganisation Act is an enabling provision and mandates that in order to ensure equal opportunities for quality higher education to all students in the successor states, the existing admission quotas in Government or Private, aided or unaided, institutions of higher, technical and medical education insofar as it is provided under Article 371D of the Constitution shall continue for a period of 10 years during which the existing common admission process shall continue.
In view of the mandate contained in Section 95, the state government ought to have taken appropriate steps to seek amendment in Presidential Order, 1974, insofar as it pertains to education, as was done in the case of Presidential Order, 1975 in the matter of public employment.
However, the state government admittedly did not approach the President seeking any amendment or modification of the Presidential Order, 1974, which deals with education.
However, instead of seeking amendment, the state government enacted the Telangana Adaptation of Laws Order, 2016, and made Presidential Order, 1974 applicable to Telangana. Therefore, the contention that the Presidential Order, 1974, does not apply to Telangana in view of the mandate contained in Section 95 of the Reorganisation Act is not worthy of acceptance."
The bench disposed of the batch of writ pleas by holding that the candidates who have completed their MBBS/BAMS/BHMS courses from Telangana or have completed MBBS/BAMS/BHMS from 'local area' as defined in the Presidential Order, 1974, are entitled to participate in the counselling for admission to postgraduate courses in Telangana in respect of seats for local candidates for the academic year 2024-25.
