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Court told the government that there may be students from Telangana with "the original domicile" who might have gone out to study
The Supreme Court has asked the Telangana government if its rule requiring ‘four years continuous study from classes 9 to 12' for admissions to MBBS can be implemented next year.
While asking so, top court has observed that Telangana has a "legitimate interest" in pressing for domicile certificates in granting admissions in medical colleges.
"Please consider the social consequences and see if the rules can be implemented from next year," a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra asked senior advocate Gopal Sankaranarayanan, representing the Telangana government.
On September 20, 2024 court had stayed the Telangana High Court's decision reading down the rule requiring ‘four years continuous study from classes 9 to 12' for admissions to MBBS and other related courses in the state.
However, the court has granted relief to the students before it, who availed the benefit of the High Court's order saying they can participate in the counselling process for the National Eligibility cum Entrance Test.
A CJI DY Chandrachud led bench had passed said order while hearing the Telangana government's petition challenging the high court's decision.
Telangana High Court in the said judgment ruled that the impugned provision was not applicable to permanent residents or domiciles of Telangana.
"The object of the rule is to benefit permanent residents. We are only ensuring this by reading down the four-year norm for them," a bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao said while pronouncing its judgment in a batch of petitions challenging Rule 3 (a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017.
It was the state government's case that the rule was amended to help local candidates.
"An interpretation which advances the object and purpose of the Act has to be preferred. The object of Rule 3(a) of the 2017 rules, as amended on July 19, 2024, is to provide reservation for local candidates. In case the rule is struck down, then students from all over the country will become entitled to admission in medical colleges situated in Telangana and the domicile/permanent residents of the state would be deprived of the benefit of admission", the bench held.
High Court has also asked the State Government to frame the guidelines/rules to determine as to when a student can be considered as a permanent resident of the State of Telangana.
Case Title: State of Telangana and ors vs. Kalluri Naga Narasimha and Ors
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