Telangana HC Ruling Allowing Central Government Employee’s Child to be Treated as Local Candidate for NEET Counselling
The leading law firm, Khaitan & Co, successfully represented a matter before the High Court of Telangana concerning the eligibility of children of Central Government employees to be treated as ‘local candidates’ for NEET counselling.
Background of the Case
The apex court vide judgment dated 1 September 2025 in SLP (C) No. 21536 – 21588 of 2024 interpreted Rule 3 of the Telangana Medical & Dental Colleges Admission (Admission into MBBS & BDS Courses) Rules, 2017 and, more particularly, the definition of “local candidate” to arrive at a finding that the candidates who 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, are subject to the conditions thereunder.
Issue Faced by the Client
Invariably, the judgment did not explicitly include those candidates whose parents are employed by the Central Government and/or its undertakings. Resultantly, the client was refused participation in the counselling process under the category ‘local candidate’ by the University in Telangana on the basis of a government memorandum issued pursuant to the Supreme Court judgment. With the counselling process about to end, the client was advised to approach the Hon’ble Supreme Court to seek necessary clarification, where we urgently moved an interlocutory application in the disposed of SLP. The Hon’ble Supreme Court advised us to knock the doors of the High Court of Telangana instead and orally clarified that the judgment implicitly includes those candidates whose parents are employees of the Central Government.
High Court Proceedings and Outcome
Armed with the aforesaid observations, the client was advised to approach the High Court with a fresh writ petition, and violation of fundamental rights along with irreparable injury was argued. The High Court was pleased to allow the writ petition, and accordingly, the client could participate in the counselling process as a ‘local candidate’.
Team Involved
The core team consisted of Arvind Jhunjhunwala (Partner), VVV Sastry (Partner), and Anirudh Goyal (Associate).
Conclusion
Khaitan & Co’s timely intervention and strategic approach ensured the client’s participation in the counselling process, reinforcing the firm’s expertise in handling complex education law and constitutional matters.
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