IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-11-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WA No. 3489 of 2025

1. The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Health and Family Welfare Department, Chennai -600 009.

2. The Director, Directorate of Medical Education and Research, College Road, Chennai -600 006.

3. The Secretary, The Selection Committee, Directorate of Medical Education and Research, No. 162 Periyar E.V.R.

High Road, Kilpauk, Chennai -600 010.

Appellant(s)

Vs

1. Shilpa Suresh S, D/o. K.Suresh, Aalikkanvilai Veedu, Anucodu, Kollemcodu PO, Kollangodu Kanyakumari -629 160.

2.The Dean, Madha Medical College and Research Institute , Kundrathur Main Rd, Kovur (Near Porur), Chennai -600 128.

Respondent(s)

PRAYER To set aside the Order dated 13.11.2025 passed in W.P.No.44306 of 2025 on the file of this Court, Madras and allow the Writ Appeal and pass such further or other order as this Court may deem fit and proper in the circumstances of the case and thus render justice.

For Appellant(s): Mrs.M.Sneha Special Counsel For Respondent(s): Mrs.Abisha Isaac for Ms.H.Mary Sowmi Rexi for M/s.Isaac Chambers for R1

ORDER

(Order of the Court was made by Mohammed Shaffiq J.)

Present writ appeal is filed by State Government, aggrieved by the order of the learned Judge, whereby respondents were directed to permit the petitioners in the writ petition to join 2nd respondent college in terms of a allotment in Round 3 counselling of Tamil Nadu State MBBS NEET UG 2025 – 2026 by accepting specified fee of Rs.15 lakhs, after finding petitioner had not paid the fees by 12 noon 08.11.2025 i.e., time fixed in terms of communication dated 25.10.2025 to pay the fees for being allotted a seat to the medical course.

2. For ease of reference parties shall be referred to in terms of their ranks in the writ petition.

3.Brief facts:

3.1. Petitioner appeared for NEET UG 2025-26 and obtained a score of

251. On 06.06.2025, third respondent Selection Committee issued a Prospectus for admission to MBBS course 2025-26 for State of Tamil Nadu. Petitioner applied under minority quota for both Government quota counselling and management quota counselling. Petitioner was allotted a seat in the fourth respondent college under minority quota in the third round of counselling. Counselling is set to have taken place between 30.10.2025 to 01.11.2025 and provisional list was published on 03.11.2025. It is relevant to note that in terms of notification dated 25.10.2025, after the publication of results, it was required that the candidates have to download the allotment order and report before the concerned college by 08.11.2025.

3.2. Petitioner were to pay a sum of ₹15 lakhs as fees for admission to the fourth respondent college. It was found by the learned Judge that petitioner’s mother had to take a lot of effort to muster the above amount, apparently by pledging gold jewels, and that she was able to mobilise funds only on 08.11.2025 i.e., date fixed for downloading allotment order after payment of fee.

4. Learned counsel for the 3rd respondent would submit that petitioner would have to pay fees on or before 12 noon on 08.11.2025 in terms of communication dated 25.10.2025, on such payment the petitioner would be permitted to download the allotment order. Admittedly petitioner was unable to meet the deadline in terms of making the payment consequently was not granted rather denied access to download the allotment order.

4.1. It was further submitted that if a candidate reaches Round 3 counselling and allotted a seat but for any reason doesn't join the allotted college, the said candidate shall be rendered ineligible for being considered in stray vacant round. As a matter of fact it was submitted that pursuant to completion of third round counselling, stray vacancy round contemplated in terms of the prospectus was also called for vide online notification dated

11.11.2025.

4.2. It was further