In an interim order that made both Telangana govt and students happy, the Supreme Court on Friday allowed the students to take part in the counselling for admission into MBBS and other medical courses.
A three-judge bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra stayed the Telangana high court judgment that struck down a portion of the state’s domicile policy and wanted the state govt to prepare new guidelines and rules for defining a ‘local candidate’ seeking admission into various medical courses.
Directing the state authorities to allow the students to take part in the soon-to-start counselling sessions, the top court judges said: “This is a one-time exception we are giving to you (students).” Students who got the benefit were those who approached the high court.
The apex court bench also recorded the consent of the state govt in this regard. The students had earlier approached the high court, challenging the state govt’s definition of ‘local candidate’ in its GO (No. 33). Telangana govt challenged the high court verdict in the apex court, asserting that it was in a position to define local candidates since the state had become free from the common capital on June 2.
Hyderabad was serving as common capital for both Telangana and residuary Andhra Pradesh from June 2, 2014, after the bifurcation of united AP, as per the AP Reorganisation Act. However, from June 2, 2024, Hyderabad ceased to be the joint capital as per the Act, which had prescribed a 10-year period for both states to have common capital.
Asserting that Telangana has the power and should be allowed to exercise it, senior counsel Abhishek Manu Singhvi said that there were four judgments from the Supreme Court that support the argument of Telangana in deciding who were its domiciles and permanent residents, etc. “The neighbouring state of AP has a similar domicile policy, which was not interrupted,” he said.
Appearing for the students, senior counsel and former chief justice of Odisha high court S Muralidhar said Telangana govt knew that the common capital would cease to exist from June 2 and yet it chose to remain mum all these years without preparing any guidelines. “It does so at the last minute creating confusion and chaos all over,” he said. The apex court bench issued notices to the respondents (students), sought counters from them and posted the case to Nov.
