New Delhi: The Supreme Court on Monday, September 30, observed that Telangana has a “legitimate interest” in pressing for domicile certificates in granting admissions in medical colleges even as it asked the state government whether it can put at abeyance its domicile policy for the present academic year.
“We will keep this on Thursday (October 3). Just put all the students on notice and please apply mind to the social consequences and see if the rules can be implemented from next year,” a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra asked senior advocate Gopal Sankaranarayanan, representing the Telangana government.
The top court was hearing an appeal of the state government against the Telangana High Court verdict holding that the state’s permanent residents cannot be denied the benefit of admission in the medical colleges merely because they lived outside for the last four years and did not study in state schools in class 9, 10, 11 and 12.
The state government, by the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, as amended in 2024, mandated that only those students, who have studied for the last four years up to class 12 in the state, will be entitled to admission in the medical and dental colleges under the state quota.
At the outset, the bench said the state government had earlier made a concession that it would grant a one-time exception to 135 students who had moved the high court seeking admissions in the medical and dental colleges under the 85 per cent state quota seats.
“Maybe the concession we made was not correct,” Sankaranarayanan said.
“The state has a legitimate interest in pressing for domicile,” the CJI said, adding the only thing in favour of the students, seeking admission under the state quota, was that the concession made by the state government in favour of those who had moved the high court.
“Let this rule be then implemented from the next session,” the bench suggested and sought the views of the state government on the next date of hearing.
It said there may be students from Telangana with “the original domicile” who have gone out to study and sought the views of the government on them as well.
The top court, on September 20, had stayed the high court order that permanent residents or those domiciled in the state cannot be denied the benefit of admission in medical colleges merely because of their study or residence outside Telangana.
On that day, the state government, however, had agreed to grant a one-time exception to 135 students, who had moved the high court, in admissions in the medical and dental colleges.
Besides Sankaranarayanan, lawyer Sravan Kumar Karanam also appeared for the state government.
The top court had issued notices to the students and others on the state government’s plea challenging the September 5 order of the high court.
“Till next listing, without prejudice to the aforesaid statement made by the Telangana government, the impugned order of the High Court dated September 5, 2024, shall remain stayed,” the bench had said.
In its appeal, the state government contended that the high court erroneously held that Rule 3(a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, as amended in 2024, to be interpreted to mean that the respondents shall be eligible to admission in the medical colleges in Telangana.
The rule mandated that students seeking admission in Telangana medical colleges must have studied for four consecutive years in the state before the qualifying exam.
“Such an order by the High Court overlooks the fact that the state of Telangana possesses the legislative competence to determine various requirements, including domicile, permanent resident status etc., to determine admission of students in the universities in the state of Telangana,” the appeal stated.
The state government said the high court judgement will mandate the state to prepare the new rules for admission which is a time-consuming process.
“After framing the rules students have to apply and collect the requisite certificates from concerned authorities. Each certificate submitted by the student needs to be verified by the Health University.
“Whereas the present rule prescribes that the students can produce their educational certificate without approaching any office or authority.
“If the judgement of the High Court is implemented, it will result in a huge delay in the allotment of seats to MBBS and BDS students,” the plea said.
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