Domicile rule of T'gana for med seats flawed: SC
Supreme Court
on Wednesday faulted the Telangana govt's domicile policy, which mandates a student to have pursued Classes 9 to 12 in the state to be eligible for admissions to
state quota
medical seats
through NEET and said it was far removed from the ground reality, reports Dhananjay Mahapatra.
"These days, many students, to avail of better coaching facilities for competing in medical and engineering entrance examinations, pursue their Class 11 and 12 at places like Kota. Should they be barred from getting admitted on the ground that they are not domiciles of Telangana?" a bench of CJI B R Gavai and Justices K Vinod Chandran and Joymalya Bagchi asked. "You must have a humane approach."
We do not want such students to be harassed. All students whose parents are domiciled in Telangana would be eligible for state quota seats irrespective of the place from where they passed Class 11 and 12," the CJI said, with a warning, "Either you (the govt) resolve the issue, or we will set it right."
Appearing for students facing the domicile bar despite their parents being born in Telangana and continuously residing in the state, advocate Raghenth Basant told the bench that it has created a piquant situation.
"Children of a person from Kerala, who is posted in Telangana for the last four years, on completing Class 9-12 in Telangana would be eligible for admissions to medical seats under state quota. But students who study outside, despite their parents being natural residents of Telangana, would not be eligible to avail these state quota medical seats," he said.
He urged the court to modify the domicile criteria by allowing children of every resident of Telangana, irrespective of where they completed their schooling, to get admitted to medical colleges under state quota seats. The SC posted the matter for further hearing on July 29, by when the Telangana govt will have to come with an answer to the court's query.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
41 minutes ago
- The Hindu
Protection against misuse: on POCSO Act, adolescent sex
The key objective of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is the protection of children, but over the past few years, courts around the country and rights activists have called for some exemptions. Noticing a trend that adolescents, above 15 years but under 18, in voluntary relationships and having consensual sex were often being persecuted, the courts sought a review. In that backdrop, senior advocate Indira Jaising's written submission to the Supreme Court that consensual sex between teenagers aged 16-18 years must not be criminalised is a welcome move. She was appointed amicus curiae and her submissions are part of a petition filed by advocate Nipun Saxena. Her brief challenged the designation of 18 years as the age of consent. She said the only solution lies in declaring that sex between consenting adolescents between the age of 16, an almost universal age of sexual maturity, and 18, is not a form of 'abuse'. Ms. Jaising called for this exception to be read into the POCSO Act and Section 63 (sexual offences), of the Bharatiya Nyaya Sanhita (BNS). 'Such an exception would preserve the protective intent of the statute while preventing its misuse against adolescent relationships that are not exploitative in nature,' she said. In a 2023 report, the Law Commission had said that it was against changing the age of consent. It advised 'guided judicial discretion' instead, while sentencing in cases that involve children between 16 and 18 years in a voluntary, consensual relationship. Under the POCSO Act and under several provisions of the Indian Penal Code and the BNS, whoever commits a penetrative sexual assault on a child — who is anyone below 18 years — can face stringent punishment under Section 6 of the POCSO Act, Section 9 of the Prohibition of Child Marriage Act, 2006, and provisions of the IPC and BNS. A 16-year-old is considered a 'child' under Section 2(d) of the POCSO Act and hence her consent does not matter. But caveats have to be put in place so that the broad intent of the law is adhered to, as the Madras High Court suggested in 2021, in Vijayalakshmi vs State Rep. The High Court said the age difference in consensual relationships should not be more than five years to ensure that a girl of an impressionable age is not taken advantage of by an older person. Educating adolescents about the law on sexual offences and its consequences is a must too. Criminalising normal adolescent behaviour is not the way to protect against non-consensual, exploitative sexual offences.
Time of India
an hour ago
- Time of India
Srinagar a paradise, I feel at home here, says CJI
: "If there is a paradise on earth, it is this, it is this, it is this,' B R Gavai quoted a famous Persian couplet on Sunday, saying he felt at home in Srinagar. The CJI visited the Valley for the first time since the abrogation of and the 2023 Supreme Court verdict upholding it. Tired of too many ads? go ad free now Speaking at a National Legal Services Authority (NALSA) North Zone regional conference, he stressed the constitutional promise of justice and urged the legal fraternity to work towards ensuring justice for every citizen. He said the chief justice of the Jammu & Kashmir and Ladakh high court should consider establishing a separate bench for Ladakh UT, acknowledging the long-standing demand raised by Ladakh Bar. A day after SC judge and NALSA executive chairman, Justice Surya Kant, launched Veer Parivar Sahayata, the CJI said, 'It is a great initiative and it will provide legal assistance to families of martyrs who have laid down their lives for the country.'
New Indian Express
an hour ago
- New Indian Express
Kashmir is paradise on earth, sufsim promoted secularism: CJI Gavai
SRINAGAR: Praising Kashmir, the Chief Justice of India Justice B R Gavai on Sunday described Kashmir as 'Paradise on Earth' and said Sufism has truly promoted secularism in the country. While addressing the North Zone Regional Conference of National Legal Services Authority (NALSA) in Srinagar, the CJI started his address by famous Persian couplet, 'Agar firdaus bar roo-e zameen ast, Hameen ast-o hameen ast-o hameen ast' (If there is a paradise on Earth, it is here, it is here and it is only here).' 'I am happy that I am again getting the opportunity to meet you in Kashmir, which is known as paradise. Whenever I have visited Kashmir, I have got love from everybody,' he said. 'I feel like I have come to my hometown. I am thankful for all the love and affection showered on me. I have been to all parts of Jammu and Kashmir, and Ladakh,' the CJI said. 'Kashmir's Valleys, mountains, rivers, streams and if we see these, it can be safely said that Kashmir is a true paradise.' The CJI spoke of Kashmir's 3,000-year-old civilisational heritage and rich culture. He credited Sufism for upholding the values of secularism written in our country's constitution. 'The Sufism has truly promoted secularism,' he asserted. Referring to secularism in J&K, the CJI said in Dargahs, every section of society including Hindus, Muslims or Sikhs go. 'Similarly, people of every religion go to Mandirs and Gurudwaras' CJO Gavai lauded efforts of NALSA and J&K Legal Services Authority for convening the interaction. He also reflected on the legal and administrative foundation laid in the region as early as 1846, calling it one of the oldest and most structured legal systems in India. 'From 1928 till before independence of the country, a high court had been established here and Maharajas here also respected the orders passed by the high court,' he said. 'In the country's Constitution, we have promised ourselves justice — political, social and economic. We are bound to see that justice is implemented in its true spirit. The legal fraternity needs to have a commitment to the true values of the Constitution,' he said. The CJI said that while Babasaheb B R Ambedkar brought about political justice by adopting the principle 'one person, one vote and one value', the author of the Constitution spoke about social compartmentalisation and the difficulty of moving from one compartment to another. 'Our society has been divided into different compartments. The entry from one compartment to another is nearly impossible. On the economic front, our wealth is concentrated in a few hands while the vast majority of the people find it difficult to have two meals a day. We will have to eliminate this inequality and bring about social and economic equality in the true sense. We have all to remain committed to this whether it is executive, legislature or judicial. We are bound to see to it that social and economic justice is implemented in true spirit in this country,' he said. Indirectly referring to the situation in Kashmir during the last 35 years, the CJI said there have been aberrations that need to be undone. 'There have been aberrations, but we have to work to remove these. This dialogue between judges and lawyers will give a new perspective. I am sure this programme will help in rebuilding the traditional and undivided Kashmir where all communities — Hindus, Muslims and Sikhs — used to live together,' he said. Asserting that lawyers and judges are like two wheels of the golden chariot of justice, CJI said, 'If you span one wheel, the efficacy of the entire chariot comes to a standstill. For this, lawyers and judges should work together to give justice to the people who live in the last village of this country. Unless people have the knowledge of their rights, the rights are of no use'. In a key policy suggestion, the CJI urged the Chief Justice of the J&K High Court to consider establishing a separate bench for the Union Territory of Ladakh, acknowledging the consistent demand raised by the Ladakh Bar. ===Ends===
