IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.12.2025 Coram The Honourable Mr.Justice D.Bharatha Chakravarthy and W.M.P.No.53521 of 2025 R.Anbin Inian (Doctor) ..Petitioner VS.

1. The Principal Secretary to Government’

Health & Family Welfare Department Fort St.George, Chennai- 9.

2. The Director, Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai – 600 010.

3. The Secretary Selection Committee, Directorate of Medical Education 162, EVR Periyar Salai, Kilpauk Chennai – 600 010.

4. The National Medical Commission, Rep. By its Secretary, Pocket 14, Section 8 Dwarka Phase I, New Delhi – 110 077. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus, directing the respondents herein to forthwith grant the eligible incentive marks of 30 percentage towards the petitioner as per the percentage of marks as mentioned in the G.O.Ms.No.86 dated 06.03.2019, issued by the first respondent Department and consequently, to permit the petitioner to participate in the second counseling NEET (PG) 2025 as per the amended marks after the inclusion of the incentive marks.

For Petitioner : Mr. S.Nirmal Aditya For Respondents 1 & 2 : Mr. E.Sundaram Government Advocate For Respondent-3 : M/s.M.Sneha Standing Counsel For Respondent- 4 : M/s.V.Sudha

Order

This Writ Petition is filed for issuance of a mandamus, directing the respondents herein to grant the eligible incentive marks of 30 percentage to the petitioner as per the percentage of marks as mentioned in the G.O.Ms.No.86 dated 06.03.2019 and consequently, to permit the petitioner to participate in the second counseling NEET (PG) 2025 as per the corrected marks after the inclusion of the incentive marks.

2. The case of the petitioner is that, he has the qualification of MBBS and was selected and appointed as Assistant Surgeon w.e.f. 28.01.2010. He was initially posted in the Primary Health Centre, Thadalaiputhur, Thiruchirappalli (Rural Area). According to the petitioner, he has been continuously doing service in the areas, which falls under the category of difficult area, as mentioned in G.O.Ms.No.86 dated 06.03.2019 and therefore, the petitioner is entitled for incentive marks. Under the said circumstances, when the third respondent called for applications for the PG Medical studies for the academic year 2025, the petitioner applied for the same. As per the procedure mentioned in the prospectus, the petitioner duly uploaded his service proforma. Eventhough he is entitled for 30% incentive marks, for having served in the rural area, (viz., Difficult Area) the same is not awarded to him. The petitioner also, unfortunately, omitted to brought the same to the notice of the respondents by availing the Grievance Redressal Mechanism, since, the petitioner was under the belief that the respondents, themselves, would award him, the incentive marks at the time of selection. However, the petitioner was not awarded with the incentive marks.

3. The learned counsel appearing for the petitioner would submit that during the first round of selection, the petitioner has not been awarded with the incentive marks despite the fact he having been served in the difficult area, and now the grievance of the petitioner is that, the second round of selection is likely to commence any time sooner, and therefore, he has approached this Court seeking for appropriate direction on the respondents to correct the aforesaid error and to grant incentive marks to the petitioner and to allot him seat in an appropriate place on merits.

4. Per contra, the learned Standing Counsel for respondent No.3 would submit that the petitioner has applied as a Service Candidate and wanted incentive marks as per the order passed in G.O.Ms.No.86 dated 06.03.2019. She pointed out that the prospectus clearly enjoins that all service candidates shall provide service particulars, via. on-line application form, viz., service proforma, mentioned at Page No.1,