PRASHANSA RATHOD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this batch of writ petitions, the issue with regard to validity of Rule 3(III)(B) of the Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 (hereafter referred to as '2017 Rules') arises for consideration. In view of the commonality of the issue, the writ petitions were heard analogously and are being decided by this common order.

(2.) The facts as can be inferred from the averments in the petition in W.P.No.21268 of 2023 are that the petitioner who was born in Hyderabad claims herself to be permanent resident of State of Telangana. The petitioner completed her schooling from classes 1st to 10th in Hyderabad Public School, Begumpet, Hyderabad. The parents of the petitioner are IPS officers and belong to All India Service. In the year 2017, the father of the petitioner was transferred to Chennai. Thereafter, in the year 2021, the mother of the petitioner was also transferred to Chennai. On account of COVID pandemic, it was not possible for the petitioner to stay in the boarding school at Hyderabad, as all boarding schools were shut down. The petitioner on account of transfer of her parents to Chennai, prosecuted her studies and passed her 11th and 12th classes examination from Chennai.

(3.) The petitioner thereafter appeared in the NEET examination on 7/5/2023. The result of the NEET examination was declared on 13/6/2023. However, on 2/8/2023, the Kaloji Narayana Rao University of Health Sciences (hereinafter referred to as, "the University") declared the petitioner ineligible for admission as local candidate. The petitioner indicated her options on 6/8/2023. Thereafter, the petitioner has filed this writ petition on 7/8/2023 challenging G.O.Ms.No.114, dtd. 5/7/2017, on the ground that the same is unconstitutional. The petitioner also sought a relief that she be declared as local candidate for the purposes of admission into MBBS/BDS courses for the academic year 2023-2024.