New Delhi, Sep 1 The Supreme Court on Monday upheld the validity of Telangana’s rules defining “local candidates” for admission to medical colleges.
A Bench of CJI B.R. Gavai and Justice K. Vinod Chandran rejected the contention that the amendments brought into the definition of “local candidates” under the Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, were arbitrary, exclusionary and constitutionally invalid.
The rule reserved 85 per cent of seats for candidates who have either studied in Telangana for at least four consecutive years, or resided in the local area during the four consecutive years (even without studying locally), and appeared for the qualifying exam in Telangana.
The CJI Gavai-led Bench took note of the submission that the rule was intended to benefit those who had genuinely studied and resided within Telangana. It observed that the Telangana High Court had no jurisdiction to dilute the definition framed under the Presidential Order issued under Article 371D of the Constitution.
Further, it slammed the Telangana High Court’s directions on domicile-based reservation, saying that without a clear legal definition of “residence”, the reservation policy becomes unworkable and vulnerable to endless litigation.
“We have to state that without a definition of what constitutes residence or at least without reference to a statute or rule prescribing the issuance of a residence certificate, the directions issued by the High Court would only result in an anomalous situation, making the reservation unworkable and open to a series of litigation,” said the CJI Gavai-led Bench.
To address concerns of students affected by parental transfers or service outside the state, the Telangana Advocate General proposed a new proviso to Rule 3, which the apex court accepted. The amendment allows exceptions for children of government employees, defence personnel, and others with ties to Telangana but who studied outside the state due to unavoidable circumstances.
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