State Of Telangana vs. Dr. P Archana

ITEM NO.12 COURT NO.2 SECTION XII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 30706- 30708/2024

[Arising out of impugned final judgment and order dated 17-12-2024 in WP No. 30771/2024 17-12-2024 in WP No. 30801/2024 17-12-2024 in WP No. 31093/2024 passed by the High Court for The State of Telangana at Hyderabad]

THE STATE OF TELANGANA Petitioner(s)

VERSUS

S. SATYANARANA & ORS. Respondent(s)

(IA No.297876/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

WITH SLP(C) No. 442/2025 (XII-A)

SLP(C) No. 332-333/2025 (XII-A) (IA No. 2669/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT SLP(C) No. 463-557/2025 (XII-A) FOR ADMISSION and I.R. IA No. 3874/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

Date : 15-01-2025 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s) :

Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. K. Parameswar, Sr. Adv. Mr. Sravan Kumar Karanam, AOR Ms. Shireesh Tyagi, Adv. Mr. Lavkesh Bambhani, Adv. Ms. Shivani Vij, Adv. Mr. Aniket Singh, Adv. Ms. Ishita Chowdhury, Adv. Mr. S. Sriram, Sr. Adv. Mr. Shailendera Kishore Singh, AOR Mr. Saaketh Kasibhatla, Adv.

Ms. Ananya Singhal, Adv.

Mr. Kartik Brundavan, Adv. Mr. M. Dharun Lakshman, Adv.

For Respondent(s) :

Mr. Sravan Kumar Karanam, AOR Ms. Shireesh Tyagi, Adv. Mr. Aniket Singh, Adv. Mr. Abhiram Bannuri, Adv. Mr. Niranjan Reddy, Sr. Adv. Mr. Basa Mithun Sashank, Adv. Ms. Akhila Palem, Adv. Mr. Vikas Mehta, Adv. Ms. Pankhuri Shrivastava, Adv. Ms. Neelam Sharma, Adv.

UPON hearing the counsel the Court made the following O R D E R

SLP(C) No(s). 30706-30708/2024, 442 OF 2025 AND 463-557/2025

1. We have heard Mr. Gopal Sankaranarayanan and Mr. S. Sriram, learned senior counsel appearing for the respective petitioner(s) as well as Mr. Niranjan Reddy, learned senior counsel appearing for the respondent(s).

2. Mr. Gopal Sankaranarayanan, learned senior counsel appearing for the State of Telangana has made a prayer for stay of the impugned judgment and order passed by the High Court.

3. Insofar as the said prayer of the State for stay of the impugned judgment and order is concerned, we are afraid that such a prayer can not be granted without hearing the petition on merits.

4. The High Court by an elaborate judgment has set aside the

certain provisions of law.

5. Unless we find that the reasoning as adopted by the High Court is erroneous, in our view, an interim order to the effect of staying the impugned judgment and order would not be in the interest of justice.

6. Mr. S. Sriram, learned senior counsel appearing on behalf of some of the petitioner(s) has raised a grievance on behalf of the inservice candidates. According to him, such persons, who have completed their 9th to 12th standard from the State of Telangana and on account of certain reasons were required to complete their MBBS outside the State of Telangana, but after completing MBBS, they have returned to the State of Telangana and have started working with the Government of Telangana either in colleges or hospitals, would be kept out of the counselling process.

7. Prime facie, we find that the High Court has held that Explanation (b) to Rule 8(ii) of the Telangana Admission into Post Graduate (AYUSH) Courses, Rules, 2024, which excludes the students who have completed their MBBS from outside the State of Telangana from counselling, is not sustainable in law.

8. We are of the view that the operative part of the impugned judgment and order does not have the effect of excluding the students, who have passed 9th to 12th standard from the State of Telangana and are working with the

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Government of Telangana from the process of counselling only on the ground that they have completed their MBBS outside the State of Telangana.

7. If the State desires to do something to facilitate counselling for them, we do not find that the impugned judgment and order would come in the way.

8. List these matters on 29.01.2025 (High up on the Board).

SLP(C) No. 332-333/2025

1. Issue notice.

2. Mr. Sravan Kumar Karanam, learned Advocate-on-Record waives and accepts notice on behalf of the respondent/State. 3. List these matters alongwith SLP(C) No(s). 30706- 30708/2024.

(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)