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2025 Supreme(Online)(Mad) 66832

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J
Shilpa Suresh.S – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.No.44306 of 2025 | WMP.No.49416 | WMP.No.49417 of 2025



Advocates:
For the Appellants/Petitioners: Ms.Abisha Isaac, Ms.H.Mary Sowmi Rexi
For the Respondents: Mr.K.Tippu Sultan, Mrs.M.Sneha, Mr.Richardson Wilson

Judicial discretion under Article 226 can allow exceptions in admission processes based on meritorious circumstances.

Headnote:The petitioner seeks a Writ of Mandamus under Article 226 of the Constitution of India to join the fourth respondent College as per the Round-III allotment under NEET UG 2025-2026 after facing financial delay for fee payment. The court noted the petitioner's merit and family circumstances, ruling on the necessity of discretion in meeting qualifications. The court ruled to grant relief and allow the petitioner to join the college contingent upon timely fee payment.

Table of Content
1. petitioner requests to join college after failing to pay fees on time. (Para 1 , 2 , 3)
2. court considers financial hardships affecting fee payments. (Para 4 , 5 , 6 , 10)
3. arguments presented regarding the implications of granting exceptions. (Para 7 , 8 , 11 , 12)
4. court's final ruling permitting petitioner’s admission based on merits. (Para 9 , 13 , 14)

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the respondents to permit the petitioner to join the fourth respondent-College as per the allotment made in Round-III of the Tamil Nadu State NEET UG 2025- 2026 issued by the third respondent Selection Committee, dated 03.11.2025.

2. Heard Ms.Abisha Issac assisted by Mr.H.Mary Sowmi Rexi of M/s.Isaac Chambers, learned counsel appearing on behalf of the petitioner and Mr.K.Tippu Sultan, learned Government Advocate appearing on behalf of respondents 1 and 2, Mrs.M.Sneha, learned Special Counsel appearing on behalf of the third respondent and Mr.Richardson Wilson, learned Standing Counsel appearing on behalf of the fourth respondent.

3. The petitioner had appeared for NEET UG 2025-2026 and obtained a score of 251. On 06.06.2025, the third respondent Selection Committee issued the prospectus, for admission to MBBS Course 2025-2026. The petitioner applied under the minority quota for both Government quota counselling and Management quota counselling. She was allotted in the fourth respondent- college under the minority quota in the 3rd round of counselling which took place from 30.10.2025. to 01.11.2025 vide provisional allotment list published on 03.11.2025.

4. As per the notification dated 25.10.2025, after the publication of results on 03.11.2025, the candidates have to download the allotment order and they must report before the concerned college by 08.11.2025.

5. The specific case of the petitioner is that the petitioner had to arrange a sum of Rs.15,00,000/- for payment of fees to the fourth respondent-college. The mother of the petitioner took lot of efforts to muster this amount. Ultimately, the petitioner's mother had to pledge whatever gold jewels that are available with her and she was able to get the amount only on 08.11.2025. Since 08.11.2025, was a second Saturday, it was a bank holiday. Therefore, the petitioner was not able to take the demand draft or make the payment through NEFT or RTGS mode.

6. In the above circumstances, the petitioner and her mother were repeatedly trying to get in touch with the respondent college, so as to inform them that they will be able to pay the fees on the next working day i.e., on 10.11.2025. However, there was no response. Since the petitioner did not join the fourth respondent college by 08.11.2025, the seat was considered as not occupied and therefore, it was added towards the vacancy which will be filled up during stray vacancy. It is under these circumstances, the petitioner has approached this Court and filed the present writ petition.

7. The learned Special Counsel appearing on behalf of the third respondent submitted that as per the NEET UG schedule 2025, the last date for joining the State counselling was on 08.11.2025. The Round-III counselling was completed on 03.11.2025 and the candidates had the time between 03.11.2025 to 08.11.2025 to pay the fees and to join in the respective colleges. If the same is not done, automatically the seat goes unoccupied and it will come under stray vacancy. The learned counsel submitted that the seat was unoccupied by the petitioner and therefore, it has been added to the stray vacancy and already the candidates who are participating in the stray vacancy had opted for the said seat. The learned Special Counsel further submitted that the third respondent has to strictly abide by these schedules fixed and under no circumstances, any exemption can be granted. It was further submitted that, like in the case of the petitioner, there may be many other candidates who would not have been able to join the c

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