High Court · 2025

W.P.No.44151 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.11.2025CORAMTHE HONOURABLE Mr.JUSTICE N. ANAND VENKATESHW.P.No.44151 of 2025ANDW.M.P.Nos.49272, 49273 & 49277 of 2025Sanjay Ragav TK.. Petitioner Vs.1.The Secretary to Government of Tamil NaduHealth and Family Welfare DepartmentFort St. George, Chennai 600 0092.The DirectorDirectorate of Medical Education and Research162, Periyar E.V.R. High RoadKilpauk, Chennai 600 0103.The Selection CommitteeRep. by its SecretaryDirectorate of Medical Education and Research 162, Periyar E.V.R. High RoadKilpauk, Chennai 600 0104.The RegistrarTamil Nadu Dr.MGR Medical UniversityGuindy, Chennai 600 032.. Respondents1/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 2025Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent authorities to allot a MBBS seat in one of the colleges in the choice list of the petitioner (application A.R.No.25UG803258 and Roll Number 4101212253) in item No.1 to 13 (excluding the private medical college Panimalar Medical College and Research Institute) considering the merit of the petitioner in NEET-UG for the academic year 2025-26 and allow the petitioner to upgrade his medical seat already existing in Kanyakumari Medical College.For Petitioner: Mr.S.Thanka SivanFor RR1 & 2: Mr.K.Tippu Sultan Government AdvocateFor R3: Mrs.M.Sneha Special CounselO R D E RThis writ petition has been filed for the issue of a writ of mandamus directing the respondents to allot MBBS seat to the petitioner in one of the colleges in the choice list of the petitioner in item Nos.1 to 13, by considering the merit of the petitioner in NEET-UG for the academic year 2025-26 and allow the petitioner to upgrade his medical seat already existing in Kanyakumari Government Medical College. 2/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 20252. Heard both sides and perused the materials available on record.3. The petitioner participated in the MBBS counselling and he was allotted Kanyakumari Government Medical College in Round-2. The petitioner had opted for upgradation in Round-3. While doing so, the petitioner had chosen Panimalar Medical College and Research Institute, as his choice. Later, the petitioner realised that such choice was made by mistake. Hence, the petitioner sent an e-mail dated 02.11.2025, stating that by mistake, he had selected Panimalar Medical College and Research Institute and therefore, he wanted that option to be removed from the choice list and to retain the other college available in item Nos.1 to 13.4. The petitioner, thereafter, sent another e-mail dated 03.11.2025, requesting the authority to remove his upgradation request for Round-3 and confirmed non-upgradation at Round-3, which was requested earlier by the petitioner.5. The grievance of the petitioner is that when the final provisional list of candidates was released on 03.11.2025, the petitioner found that candidates who had secured lesser rank, had been allotted seats in the Government Medical Colleges, wherein, the petitioner had sought for upgradation during Round-3. It is 3/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 2025under these circumstances, the petitioner has approached this Court and sought for upgradation of the college and to participate in the stray round of counselling depending upon the availability of the same. 6. The Notification issued by the Selection Committee of Directorate of Medical Education and Research dated 25.10.2025, it has been provided as follows:“As per the guidelines received from the MCC and the information bulletin published by the MCC, joined candidates in All India Quota in round 3 will be removed from the State Quota before the processing of results in State Quota round 3. Hence, allotted but not joined candidates of All India Quota round 3 will be eligible to participate in State Quota round. Accordingly, as per the revised UG (MBBS & BDS) State Schedule 2025 dated 24.10.2025 released by MCC of DGHS, the schedule for Round 3 in Tamil Nadu UG-MBBS & BDS is hereby modified.The candidates can register for round 3 till 05.00 PM of 29.10.2025.The virtual Vacancies will be processed and Choice filling starts on 30.10.2025 12.00 Noon and the candidates can fill their choices and lock their choices till 05.00 PM of 01.11.2025.The processing of seat allotment will be done on 02.11.2025. (After weeding out joined candidates of AIQ round 3)The results will be published on 03.11.2025.4/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 2025The Candidates can download their Allotment Order from 03.11.2025 till 08.11.2025, 12.00 Noon.The last reporting date of Counselling for Tamil Nadu Round 3 is till 08.11.2025, 5.00pm.”7. On a careful reading of the above Notification, it is seen that those candidates in the All India portal will be removed in Round-3 from the State quota before processing of results in the State quota in Round-3. Those candidates of All India quota who had not joined the allotted seat in Round-3, will be eligible to participate in the State quota in Round-3. For this purpose, the candidate must register for Round-3 by 05.00 P.M. of 29.10.2025 and the candidates can fill their choice and lock their choice till 01.11.2025 up to 05.00 P.M. The process of the seat allotment will be done on 02.11.2025 and the results will be published on 03.11.2025.8. The only caveat is that, if, ultimately, the candidate is allotted a seat in Round-3, he has to give up the earlier seat that was allotted. In other words, the candidate will lose the seat that was allotted earlier, if a candidate is allotted a seat in this Round-3 of counselling.5/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 20259. In the case in hand, for whatever reasons, the petitioner had chosen Panimalar Medical College and Research Institute. By the time, the petitioner realised this mistake and sent an e-mail dated 02.11.2025, the lock period had come to an end on 01.11.2025 at 05.00 P.M. Therefore, the request of the petitioner could not have been acted upon. The petitioner had informed that his request for upgradation for Round-3 of MBBS admission can be removed/ cancelled. If this request had been acted upon, the petitioner would have lost his seat in the Kanyakumari Government Medical College and he should have opted for Panimalar Medical College and Research Institute, which is a private college. Fortunately, the request made by the petitioner was acted upon and as a result, the petitioner was at least able to retain his seat in the Kanyakumari Government Medical College. 10. In a way, the respondents have saved the petitioner from losing his seat in the Kanyakumari Government Medical College. Otherwise, the petitioner would have lost his seat due to the choice made by him for upgradation during Round-3 of the counselling.6/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 202511. In the above circumstances, it is too far-fetched for the petitioner to approach this Court at this stage and seek for upgradation by permitting him to participate in the stray counselling. If such requests are acceded to, it will set a precedent. First of all, such a direction cannot be given by this Court, since it will go against the notification/guidelines that governs the allotment of seats for MBBS course. The second reason is that such precedents will be taken advantage in the coming years during counselling and that will cause more confusion for the authorities to complete the process of selection/allotment of seats for MBBS course.12. In the light of the above discussion, this Court cannot exercise mercy jurisdiction, which will cause more damage to the existing system and hence, this writ petition stands dismissed. No costs. Connected W.M.Ps are closed. 13.11.2025 gyaIndex : Yes/No Neutral Citation : Yes/No7/8 https://www.mhc.tn.gov.in/judis W.P.No.44151 of 2025N. ANA ND VENKATESH , J. gyaTo1.The Secretary to Government of Tamil NaduHealth and Family Welfare DepartmentFort St. George, Chennai 600 0092.The DirectorDirectorate of Medical Education and Research162, Periyar E.V.R. High RoadKilpauk, Chennai 600 010W.P.No.44151 of 20253.The SecretarySelection CommitteeDirectorate of Medical Education and Research 162, Periyar E.V.R. High RoadKilpauk, Chennai 600 0104.The RegistrarTamil Nadu Dr.MGR Medical UniversityGuindy, Chennai 600 032 13.11.20258/8