Hyderabad: Telangana High Court On Tuesday, it overturned two GOs specifying the ‘local’ tag and said that all those who have studied MBBS, BAMS (Ayush) and BHMS courses etc. in Telangana are eligible to compete for the convenor quota seats for PG medical admissions in all government medical colleges locally candidate.
Chief Justice Alok Aradhe and Justice J Sreenivas Rao declared state government GO 148 and 149 (issued on October 28) “not good” as only those who studied medical courses in Telangana under local quota will be considered as local candidates PG students for medical admission and not those studying in Telangana under non-local quota.
In October, the bench, disposing of a batch of nearly 100 petitions challenging the government’s move to amend the rules, said all those who completed MBBS in Telangana are entitled to contest as local candidates for the 2024-25 PG medical seats.
Agreeing with senior counsel G Vidya Sagar, he opined that Presidential Decree 1974 Telangana’s education department remains very effective even after the bifurcation of united Andhra Pradesh and the state’s revised rules cannot alter the mandate of the Presidential Order, the bench said, in case of conflict between the two, the President The order shall prevail.
The state has revised the medical admission rules with explanation (b) to the Telangana Medical College Rules VIII (ii) (Admission to PG Medical Courses) Rules 2021, as amended by GO 148 (October 28, 2024) to GO 149 Explanation (b) of Rule 8 (ii) of the PG (AYUSH) Course Rules issued (also dated October 28).
However, the bench said in its order that since the Presidential Order defines those studying qualifying courses (MBBS) in Telangana as local candidates, they will be eligible to contest for the PG medical seats created for local candidates irrespective of their nature how.
The bench said: “After the formation of Telangana, it has invoked the powers of Article 371D (Presidential Order) of the Constitution and framed an order related to public employment for Telangana in 2018. This shows that the Presidential Order is being implemented.” Power, very applicable to Telangana. “
The bench further said that Telangana has neither modified nor repealed the 1974 Presidential Order on education. In view of paragraph 6 of the Telangana Law Adjustment Order, 2016, the section is deemed to have been adjusted for Telangana. It noted that in view of the mandate contained in Section 95 of the AP Reorganization Act, the government should take appropriate steps to seek revision of the presidential decree. The PG medical admission rules introduced in October were introduced by the government before notifying PG medical admissions, so it cannot be said that the rules were revised after the admission process started. “It was found that the inconsistency was that the definition of local candidate had changed and hence it was rejected,” the bench said.
