LexTHE STATE OF TELANGANA & ORS. ETC. versus KALLURI NAGA NARASIMHA ABHIRAM & ORS. ETC.
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[2025] 9 S.C.R. 362 : 2025 INSC 1058 The State of Telangana & Ors. Etc. v. Kalluri Naga Narasimha Abhiram & Ors. Etc. (Civil Appeal No(s). 11217-11269 of 2025) 01 September 2025 [B.R. Gavai, CJI and K. Vinod Chandran,* J.] Issue for Consideration Whether the wisdom of the legislature in defining a ‘local candidate’ entitled to apply under the ‘Competent Authority Seats/Quota’, by a subordinate legislation, in consonance with a Presidential Order issued u/Art.371D of the Constitution of India, can be interfered with and expanded by the High Court u/Art.226. Headnotes† Constitution of India – Arts.371D, 245, 246 – Andhra Pradesh Educational Institutions (Regulations of Admissions) Order, 1974 – Andhra Pradesh Educational Institutions (Regulation of Admissions) Second Amendment Order, 1976 – Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee), Act, 1983 – s.3 – Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 – r.3, amendments in the definition of ‘local candidates’ – Challenge to – Division Bench of the High Court expanded the definition to include any student who produced his residence certificate issued by a competent authority of the Government of Telangana; the amended rule was read down to mean those petitioners having permanent residence or domicile in the State of Telangana, to be considered as a local candidate; State Government was directed to frame guidelines to determine the domicile/permanent residence within the State of Telangana – Interference with: Held: The amendment provided for the ‘Competent Authority Quota’ in the State of Telangana, which on incorporation in the 2017 Rules traces its power to legislate, to the Regulation Act of 1983, which has been brought out u/Entry 25 of List III, Seventh Schedule r/w Art.371D and the Presidential Order of 1974 as also Arts.245 & 246 – The power enabled under the Presidential Order to make * Author [2025] 9 S.C.R. 363 The State of Telangana & Ors. Etc. v. Kalluri Naga Narasimha Abhiram & Ors. Etc. special provisions for equitable opportunities and facilities in the matter of education as conferred u/Art.371D; being education, is covered u/Entry 25, and has also to be traced to Arts.245 and 246 – The Act of 1983 confer the power on the State to bring out the rules in furtherance and in implementation of the Presidential Order – Hence, the 2017 Rules is sourced to the power conferred under the Presidential Order, at least, in so far as it determines the local areas and bring out a definition of local candidates who are enabled the privilege of admission to medical colleges by virtue of their status as a local candidate as per the definition – The new rule provided for reservation to an extent of 85% to those candidates who have either studied in the educational institutions in the local area for a period of not less than four consecutive academic years ending with the academic year in which he qualified for admission or where during the whole or any part of the four consecutive years ending with the academic year in which he qualified for admission, resided in the local area but without studying in any educational institutions, which candidate also should have appeared for the qualifying examination in the State of Telangana – The pre-amended rule defining a local candidate was perfectly in order, which reasoning applies squarely to the amended rule also – There was no warrant for a reading down when the definition is clear, in consonance with the Presidential Order and similar rules having been upheld by this Court – No reason to take a different view w.r.t the amended rule also; 15% having been conceded to the All-India quota – A further amendment proposed, incorporating a proviso to r.3 should allay and mitigate the grievances of those who claim that 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 – With only the said reservation, the 2017 Rules are upheld as it stood amended in 2024 – Impugned judgments in the Writ Petitions filed by the students are set aside – Andhra Pradesh Reorganisa
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