Telangana High Court strikes down amended local status rules for PG medical admissions

The High Court on Tuesday struck down the explanation clause (b) in Rule VIII (ii) of the Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2021, as well as the corresponding clause in the AYUSH course admission rules for 2024-25. The rule governs 'local status' for candidates seeking admissions into postgraduate (PG) medical courses.

By Legal correspondent

Hyderabad: The Telangana High Court on Tuesday struck down the explanation clause (b) in Rule VIII (ii) of the Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2021, as well as the corresponding clause in the AYUSH course admission rules for 2024-25. The rule governs ‘local status’ for candidates seeking admissions into postgraduate (PG) medical courses. The Bench, consisting of Chief Justice Alok Aradhe and Justice J. Srinivas Rao, declared that candidates who completed their MBBS, BAMS, or BHMS degrees from institutions within the state, or from areas defined as ‘local’ under the Presidential Order of 1974, are eligible to participate in the counselling process for the academic year 2024-25. The court’s judgment came in response to a batch of nearly 100 writ petitions challenging the state government’s amendments to the admission rules. The amendments, issued through GOs Ms. No. 148 and 149 on October 28, 2024, sought to impose stricter criteria on the local status of candidates, i.e., the candidates who have resided in the local area for at least four years immediately preceding the relevant qualifying examination should be considered as local candidates. Prior to the amendment, candidates who completed their medical degrees from institutions located in the ‘local area’ as defined by the Andhra Pradesh Educational Institutions (Regulation of Admission) Order-1974 were considered local candidates. However, the amended rules stipulated that candidates admitted to MBBS or UG AYUSH courses under the ‘Non-Local Quota’ in Telangana would not be eligible to be treated as local candidates.

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The court noted that the amended rules were inconsistent with Section 4 of the Presidential Order, which governs the definition of local candidates. As a result, the court struck down the amendments made through G.O. Ms. No. 148 and G.O. Ms. No. 149, ruling that these amendments violated the spirit of the Presidential Order. As a result of this decision, candidates who completed their MBBS, BAMS, or BHMS courses from Telangana or from areas recognized as ‘local’ under the 1974 Presidential Order are now entitled to participate in the counselling process for PG medical courses in the state, for the 2024-25 academic year, in the local candidates’ category.

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2. The Telangana High Court on Tuesday sought further details from a petitioner K A Paul in a public interest litigation (PIL) concerning women’s safety. The petition, which calls for speedy trials in rape cases and action on pending cases, also raised concerns about complaints of rape not being registered as First Information Reports (FIRs) by police officers. The petitioner’s amended application includes several key demands, including a call for mandatory FIR registration for all rape complaints, a speedy trial for such cases, and a report from the state detailing the number of pending rape cases and actions taken to expedite their resolution. The petitioner also requested the state to provide free accommodation to rape victims without shelter and to take measures to protect the identity of survivors. Additionally, he proposed that 1% of taxpayers’ money be allocated to educate young men on respecting women.

During the hearing, Chief Justice Alok Aradhe and Justice J. Srinivas Rao asked the petitioner, Dr. KA Paul, to provide specific details or names of survivors whose complaints allegedly went unregistered. The bench stressed that without such details, no action could be taken against the police officers involved. The petitioner, Dr. Paul, explained that disclosing the identities of victims could be traumatic for them, prompting the court to appoint Senior Advocate G Vidya Sagar as amicus curiae to assist in the matter. The bench also referred to a recent Supreme Court case on a similar issue, urging the petitioner to examine that case to understand the prayer and issues raised. In the course of the hearing, the court emphasized the need for police stations to maintain a record for the past eight weeks to ensure that every rape complaint received was registered as an FIR. The case has been adjourned until January 21, 2025, with the court granting the state time to file its response.