Institute of Legal and Management Studies

A plea has been filed in the Telangana Domicile Case seeking clarifications by the Supreme Court, contending that the Government of Telangana is granting the benefit of the local domicile only to children of the State employees and not Central government employees

The counsel mentioned before the bench of CJI BR Gavai and Justice K Vinod Chandran that an application has been filed seeking clarification of the Court's directions in the Telangana Domicile matter.

The Counsel said that while the decision expressly granted relaxations to students whose parents were State or central employees should also be considered as local candidates, the State is only extending the domicile benefit. He said :

"We have filed an application for clarification. The state...despite your directions that students of the parents who are government as well as state employees should also be considered as local candidates, now the state is only considering whose parents are in state services, not in the Central services."

The CJI asked why a contempt petition was not filed instead. To which the counsel answered that the clarification was sought as the counselling process had begun. He requested that the matter be listed on Friday.

The CJI replied, "Get the state counsel"

The Court, on September 1, allowed the appeal filed by the State of Telangana against the order of the Telangana High Court, which had held that a permanent resident need not be required to study or reside in Telangana for four continuous years to be eligible for the domicile quota in medical admissions.

The bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran upheld the 2017 Rules, which mandated that a candidate must study for four consecutive years in the State of Telangana to qualify for the "local candidate" quota in MBBS and BDS courses.

To address the difficulties faced by children of parents who work in All India Services or PSUs, who get transferred outside the State, the State Government suggested an amendment, which the Court accepted. With this amendment, the Court upheld the 2017 Rules as amended in 2024.

The amendment is as follows :

I. Provided that a candidate who studies outside Telangana for any period during the requisite four consecutive academic years ending with the academic year in which he appeared, or as the case may be, first appeared in the relevant qualifying examination will be eligible to be considered if they fall under any of the below categories:

1. Children of employees of the Telangana State Government who have served or are serving outside Telangana corresponding to the candidate's year/s of study outside Telangana

2. Children of serving or retired employees belonging to the Telangana cadre of All India Services (IAS/IFS/IPS) who have served or are serving outside Telangana corresponding to the candidate's year/s of study outside Telangana

3. Children of defence personnel/ex-servicemen/ Central Armed Police Force service who at the time of joining service, have declared their hometown to be in the State of Telangana and who have served or are serving outside Telangana corresponding to the candidate's year/s of study outside Telangana

4. Children of employees of a Corporation/Agency/ Instrumentality under Government of Telangana, liable to be transferred anywhere in India as per the terms and conditions of his/her employment, who have served or are serving outside Telangana corresponding to the candidate's year/s of study outside Telangana

Subject to the candidate submitting Certificate of employment from the competent authority for the candidate's father/mother's service outside the State for the period corresponding to the candidate's year/s of study outside Telangana."