Hyderabad: In an interim order that brought relief to both the Telangana government and students, the Supreme Court on Friday permitted students to participate in the counselling for admissions to MBBS and other medical courses.
A three-judge bench, consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, stayed the Telangana High Court’s ruling that invalidated part of the state’s domicile policy.
The High Court had instructed the state government to create new guidelines and rules for defining a ‘local candidate’ seeking admission to various medical courses.
The Supreme Court directed state authorities to permit students to participate in the upcoming counselling sessions, stating, “This is a one-time exception we are granting to you (students).”
The students benefiting from this decision are those who had approached the High Court. The apex court bench also noted the state’s consent on this matter.
Previously, students challenged the state government’s definition of a ‘local candidate’ outlined in Government Order (GO) No. 33.
In response, the Telangana government contested the High Court’s ruling in the Supreme Court, arguing that it has the authority to define local candidates since the state has been independent from a common capital since June 2.
Hyderabad served as the common capital for both Telangana and residual Andhra Pradesh from June 2, 2014, following the bifurcation of united Andhra Pradesh, as stipulated by the AP Reorganisation Act. However, as of June 2, 2024, Hyderabad will no longer be a joint capital, marking the end of the ten-year period designated for both states to share the capital.
Senior counsel Abhishek Manu Singhvi argued that Telangana has the authority to define its domicile and permanent residents, citing four Supreme Court judgments that support this position. He noted that the neighboring state of Andhra Pradesh has a similar domicile policy that remains intact.
Representing the students, senior counsel and former Chief Justice of the Odisha High Court, S. Muralidhar, criticized the Telangana government for its inaction regarding the cessation of the common capital status.
He pointed out that despite knowing this would happen on June 2, the government failed to establish guidelines over the years and is now creating confusion at the last minute.
The Supreme Court bench has issued notices to the respondents (students), requested their responses, and scheduled a hearing for November.
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