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The State of Telangana prescribes that for admission to all post-graduate courses in various medical colleges in the state, the applicant must be a re
Question

The State of Telangana prescribes that for admission to all post-graduate courses in various medical colleges in the state, the applicant must be a resident of the State of Telangana. The rule is

A.

valid as it seeks to protect the interest of the students of Telangana

B.

invalid because it violates Article 14 of the Constitution of India

C.

valid because of the provisions contained in Article 371D(10) of the Constitution of India

D.

invalid because 100 per cent reservation of post-graduate medical courses is not permissible

Correct option is C

The correct answer is (c) valid because of the provisions contained in Article 371D(10) of the Constitution of India.

Explanation

The states of Andhra Pradesh and Telangana enjoy a unique constitutional status under Article 371D, which was inserted by the 32nd Amendment Act, 1973. This article provides special provisions to ensure "equitable opportunities and facilities" for local people in the matters of public employment and education.

  • Why (c) is correct: Under Article 371D, the President of India has issued specific Presidential Orders (such as the 1974 and 1975 Orders) that define a "local candidate" and permit the state to provide residence-based or institutional preferences. Crucially, Article 371D(10) contains a "non-obstante" clause, stating that the provisions of this article and any Presidential Order made under it "shall have effect notwithstanding anything in any other provision of this Constitution." This effectively shields these specific local reservations from being struck down under Article 14 (Right to Equality) or Article 15.
  • Why (b) is incorrect: Normally, the Supreme Court has ruled that 100% reservation based on domicile is unconstitutional under Article 14 (as seen in the Dr. Tanvi Behl and Pradeep Jain cases). However, because of the overriding power of Article 371D(10), the rules in Telangana/Andhra Pradesh follow a different constitutional logic.
  • Why (d) is incorrect: While the "100% reservation" rule is generally frowned upon for super-specialty or PG courses in other states, in Telangana, the quota is managed through the Presidential Order, which categorizes 85% of seats for "locals" and 15% as "unreserved" (open to all), thus not being a "wholesale" 100% block in the legal sense, while still being protected by Article 371D.

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