Firm Matters

The apex court vide judgment dated 1 September 2025 in SLP (C) No. 21536 – 21588 of 2024 interpreted Rule 3 of the Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 and more particularly the definition of “local candidate” to arrive at a finding that the candidates they were taken out of the State by compulsion of the movement of their parents outside the State by reason of employment in Government/All-India Services/ Corporations or Public Sector Undertakings constituted as an instrumentality of the State of Telangana as also defence and paramilitary forces who trace their nativity to the State, subject to the conditions thereunder. 

Invariably, the judgment did not explicitly include those candidates whose parents are employed by the Central Government and/or its undertakings. Resultantly, the client was refused participation in counselling process under the category 'local candidate' by the University in Telangana on the basis of a government memorandum which was issued pursuant to the Supreme Court judgment. With the counselling process about to end, the client was advised to approach the Hon'ble Supreme Court to seek necessary clarification where we urgently moved an interlocutory application in the disposed of SLP. The Hon'ble Supreme Court advised us to knock the doors of the High Court of Telangana instead and orally clarified that the judgment implicitly includes those candidates who parents are employees of Central Government. 

Armed with the aforesaid observations, the client was advised to approach the High Court with a fresh writ petition and violation of fundamental rights along with irreparable injury was argued. The High Court was pleased to allow the writ petition and accordingly, the client could participate in the counselling process as a 'local candidate'.