Strict adherence to admission timelines is mandatory, and deviations are impermissible as per Supreme Court directives.

JUDGMENT :

MANINDRA MOHAN SHRIVASTAVA, CJ.

1.Heard learned counsel for the parties.

2. This appeal is directed against the order dated 18.9.2025 passed by the learned Single Judge, whereby the writ petition filed by the private respondents/writ petitioners seeking direction to conduct an additional mop-up counselling round for NEET SS 2024-25, after including the unfilled super-specialty seats, so as to ensure optimal seat utilization and to uphold the principles of fairness, transparency and equality in the admission process, was disposed of with a direction to the third and fourth respondents in the writ petition to conduct additional mop-up counselling and complete the admission process within a period of four weeks from the date of receipt of a copy of the said order.

FACTUAL MATRIX:

3.1. The writ petition was filed by the writ petitioners/respondent Nos.1 to 3 herein stating that they appeared for NEET-SS 2024 and are eligible to participate in the super-specialty counselling conducted by the Medical Counselling Committee, New Delhi, under the supervision of the Director General of Health Service, Ministry of Health and Family Welfare, Government of India, New Delhi.

3.2. The case of the writ petitioners is that, though they were offered seats in the initial rounds of counselling, the seats of their preference were opted by other candidates. Subsequently, certain candidates, who had initially opted for such seats, resigned and those seats remained unfilled. These unfilled seats, in terms of the counselling rules, could be filled up through an additional mop-up round of counselling so that opportunity is afforded to the writ petitioners and similarly placed candidates to secure better prospects in subsequent rounds.

3.3. Further case of the writ petitioners was that in so far as super-specialty seats in the State of Tamil Nadu are concerned, 50% of those seats were to be filled up by the State Counselling agency treating it as seats reserved for in-service candidates in the services of the State of Tamil Nadu.

3.4. A press release was released on 28.7.2025 by the Department of Health and Family Welfare, which indicated that even after several rounds of counselling as per the schedule of counselling 2024, vacancies still remain in super-specialty courses, for which the State requested the Ministry of Health, Government of India, to permit the State Government to conduct extended stray round of counselling for in-service candidates to fill up 24 vacancies in super-specialty courses and complete the process on or before 5.8.2025, as that will help strengthen the availability of specialists in Government institutions across Tamil Nadu. However, as no counselling was conducted either by the State Counselling Agency treating it as quota reserved for in-service candidates in the State of Tamil Nadu, nor included as left over seats in All India Counselling, the seats remain unfilled.

3.5. The case of the writ petitioners before the Writ Court was that these seats remain unfilled because of inaction on the part of the authorities, though the writ petitioners were eligible, and had those seats been offered through the process of additional round of counselling, the writ petitioners could have offered their candidature for admission and on the basis of their merit position, would have certainly secured admission against seats falling vacant.

FINDINGS OF THE LEARNED SINGLE JUDGE:

4.1. It appears that the writ petition was heard and decided by the learned Single Judge on the same day. The learned Single Judge, vide his order, recorded a finding that denial of additional mop-up counselling round has resulted in arbitrary and unjustified non- utilization of valuable medical education resources in both public and private institutions, particularly, in high demand specialties and prestigious institutions, thereby defeating the objective of equitable access