High Court · 2025

W.P(MD)No.12046 & 14437 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 27.11.2025CORAMTHE HONOURABLE MS.JUSTICE P.T.ASHAWrit Petition(MD)Nos.12046 & 14437 of 2025andW.M.P(MD)Nos.8870, 10637, 21874 & 22055 of 20251.M.Sahariya Peter,2.M.Melchizedek..Petitioners in W.P(MD)No.12046 of 2025P.Pandi Sonai..Petitioner in W.P(MD)No.14437 of 2025 Vs1.The Tamil Nadu Dr.M.G.R Medical University, No.69, Annasalai, Guindy, Chennai – 32.2.The Principal, Shrinithi College of Health Science and Research, D.Karisalkulam Road, Pottappalayam, Sivagangai District. ..Respondents in both petitionsPrayer in W.P(MD)No.12046 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to approve the admission of the petitioners and consequently permit them to complete the 2024-2025 academic year (1st year of the course) by allowing them in participating in the theory practical examination etc.1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 2025Prayer in W.P(MD)No.14437 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to approve the admission of the petitioner in B.Sc Nurshing in the second respondent college and consequently permit him to complete the 2024-2025 academic year (1st year of the course) by allowing him in participating in the theory practical examination.In both petitions: For Petitioner : Mr.M.Gnanagurunathan for Mr.K.Samidurai For Respondents : Mr.A.S.Vaigunth for R1 Mr.M.Pozhilan for M/s C.Arulvadivel AssociatesCOMMON ORDERThese Writ Petitions have been filed seeking issuance of a Writ of Mandamus directing the first respondent University to approve the admissions of the petitioners to the B.Sc. Nursing Course in the second respondent college for the academic year 2024–2025 and consequently permit them to complete the first year of the course by allowing them to participate in the theory and practical examinations.2. The petitioners would submit that they joined the second respondent college for the B.Sc. Nursing Course for the academic year 2024–2025 under the Management Quota. On 25.06.2024, they paid an amount of 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 2025Rs.750/- towards application fees and Rs.10,000/- towards tuition fees. The college reopened on 07.10.2024 and the petitioners joined classes on 08.10.2024 after being issued identity cards.3. According to the petitioners, they paid semester fees of Rs.69,000/- on 21.01.2025 and 23.05.2025 respectively and attended classes regularly. However, in February 2025, they were informed by the second respondent college that they would not be permitted to write the semester examinations as their admissions had not been approved by the first respondent University due to technical issues, and that arrangements would be made in the next academic year.4. The petitioners would further submit that they sought clarification from the first respondent University, which by letter dated 21.03.2025 informed them that the second respondent institution had been granted conditional recognition for the academic year 2024–2025 and was permitted to admit only 17 students under the Management Quota, but had exceeded the permitted intake. The petitioners submitted representations dated 22.02.2025 seeking redressal. As no action was taken and the semester examination was scheduled on 03.06.2025, the present writ petitions were filed.3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 20255. The first respondent University filed a detailed counter stating that the second respondent institution is a non-minority institution with an approved intake of 50 seats, out of which 33 seats fall under Government Quota and 17 seats under Management Quota. Due to discrepancies and non-receipt of valid approval within the cut-off date, the institution was not included in the seat matrix for the academic year 2024–2025. The Tamil Nadu Nurses and Midwives Council (TNNMC) issued conditional recognition only on 29.11.2024 and a corrigendum on 09.12.2024, both of which were received after the cut-off date of 30.11.2024. The University permitted registration of only 17 Management Quota students, for whom fees were remitted and details uploaded in the CMS portal. The petitioners’ names were not included in the list submitted by the second respondent institution. Registration Sub-Committee approved only 17 students. It was further stated that permitting registration of the petitioners would exceed the sanctioned intake and create further legal complications. Hence, the relief sought is unsustainable. 6. The second respondent institution contended that TNNMC granted conditional recognition on 29.11.2024, which was within the cut-off date, and subsequently clarified that 50 seats were approved. Based on the said recognition, 22 students were admitted before 30.11.2024. The institution submitted representations seeking permission to upload details of all admitted students. While approval was granted for 17 students, five 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 2025students, including the petitioners, were left out. It was contended that the petitioners should not suffer for procedural lapses and that admissions were made in bona fide belief. This Court granted interim orders permitting the petitioners to write the first and second semester examinations, subject to the final outcome of the writ petitions. The University complied with the interim directions and published the results, making it clear that the same would be subject to final adjudication. 7. Heard the learned counsel appearing on either side and perused the records.8. The admitted position is that the second respondent institution is a non-minority institution and that the sanctioned intake for the academic year 2024–2025 is 50 seats, with a 65:35 ratio, permitting admission of only 17 students under the Management Quota. From the counter filed by the first respondent University, it is evident that the second respondent institution exceeded the Management Quota by admitting five additional students, including the petitioners. This fact has not been effectively rebutted. The admission of students beyond the sanctioned quota cannot be termed as an innocuous or inadvertent mistake. The second respondent institution, taking advantage of the initial recognition letter wherein the number of seats was not specified, proceeded to admit students without obtaining clarification from the competent authority. The conduct of the 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 2025second respondent institution in collecting application fees, advance fees, and semester fees from the petitioners, despite knowing fully well that the admissions were beyond the sanctioned quota, is highly objectionable. The attempt to shift the blame on the first respondent University on the ground of delayed inclusion in the seat matrix is a clear effort to divert attention from the real issue.9. The Hon’ble Supreme Court, in Mridul Dhar (Minor) and Another v. Union of India and Others, (2005) 2 SCC 65, has categorically held that courts should not encourage a fait accompli created by institutions by admitting students beyond sanctioned intake and violating prescribed schedules. The Hon'ble Supreme Court emphasized strict adherence to admission schedules and intake limits, and held that sympathetic considerations cannot override statutory regulations. At the same time, this Court cannot be oblivious to the fact that the petitioners are students who have attended classes, written examinations pursuant to interim orders, and are not at fault. 10. In view of the above facts and circumstances, this Court holds that the admissions of the petitioners for the academic year 2024–2025 cannot be approved, as the same were made in excess of the sanctioned Management Quota. The second respondent institution alone is responsible for the illegal admissions and cannot take advantage of its own wrong. 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 2025However, balancing the equities and following the principles laid down by the Hon’ble Supreme Court, this Court issues the following directions:“For the next academic year, the second respondent institution shall surrender three seats from the Management Quota, and upon such surrender, the first respondent University shall approve the admissions of the petitioners against those surrendered seats, subject to fulfillment of all other statutory requirements. The second respondent institution shall also refund or adjust the fees paid by the petitioners for the intervening period, as may be applicable, without putting the students to further hardship.”11. With the above directions, these Writ Petitions are allowed. No costs. Consequently, the connected miscellaneous petitions are closed.27.11.2025NCC : Yes/NoIndex : Yes/NoInternet:YessknTo1.The Tamil Nadu Dr.M.G.R Medical University, No.69, Annasalai, Guindy, Chennai – 32.2.The Principal, Shrinithi College of Health Science and Research, D.Karisalkulam Road, Pottappalayam, Sivagangai District.7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.12046 & 14437 of 2025P.T.ASHA, J. skn Writ Petition(MD)Nos.12046 & 14437 of 2025andW.M.P(MD)Nos.8870, 10637, 21874 & 22055 of 2025 27.11.20258/8