The Supreme Court of India is set to hear the challenge against Telangana's domicile quota rule for MBBS admissions on June 2. A bench led by Chief Justice of India (CJI) BR Gavai and Justice AG Masih will preside over the hearing. The case arises from a series of pleas challenging the Telangana High Court’s order, which had ruled that permanent residents do not need to study or reside in Telangana for four continuous years to avail domicile quota benefits in medical admissions.
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During a recent hearing, Senior Advocate Raghenth Basant, representing one of the respondents, informed the Supreme Court that NEET UG 2025 counseling is set to begin on June 14. He highlighted that the High Court's decision, which was stayed by the Supreme Court on September 20, 2024, had its stay expired, urging the Court not to extend it further. In response, the bench indicated that it would conduct a detailed hearing on June 2.
The respondents, primarily students, argued that the Telangana government's decision was arbitrary, especially for parents who were originally from Telangana but had moved to other states for their children's education in classes 11 and 12. They claimed this policy unfairly restricted them from domicile benefits.
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Senior Advocate Gopal Sankarnarayanan, appearing for the Telangana government, defended the policy, stating, "There are people who have gone out and then come back here in a sense of opportunism. We have had those who were born here but went to Dubai etc., but then want to come back and apply here." He further argued that the state's approach was consistent with similar policies in Andhra Pradesh, and criticized the opposition whenever Telangana tried to implement similar measures.
The case originated from a batch of petitions in the Telangana High Court challenging the validity of Rule 3(a) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017. This rule was amended on July 19, 2024, under G.O.Ms.No.33, which required candidates seeking admission under the ‘Competent Authority Quota’ to either study in Telangana for four years or reside in the state for four years. Additionally, the candidate must pass the qualifying examination in Telangana.
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The High Court, in its judgment, had "read down" Rule 3(a) and Rule 3(iii) of the 2017 Rules, interpreting them not to apply to permanent residents of Telangana. The court explained this interpretation as being in line with Article 371D(2)(b)(ii) of the Indian Constitution, which allows for special provisions for people from different parts of the state for admission to educational institutions.
The High Court, led by Chief Justice Alok Aradhe and Justice J Sreenivas Rao, emphasized the need for a balanced approach, stating:
"We read down the Rule 3(a) and 3(iii) of the Telangana Medical and Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017, as amended vide G.O.Ms.No.33, dated 19.07.2024. It is held that the aforesaid Rule shall not apply to permanent residents of the State of Telangana."
Furthermore, the High Court directed the Telangana government to frame clear guidelines to determine when a student can be considered a permanent resident of the state.
As the Supreme Court gears up for the hearing on June 2, the final outcome will have significant implications for MBBS aspirants and the state's education policy. The decision will determine whether Telangana’s amended domicile quota rule will continue to impact local students.
Case Details : THE STATE OF TELANGANA AND ORS. Versus KALLURI NAGA NARASIMHA ABHIRAM AND ORS. SLP(C) No. 21536-21588/2024
