BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD).No.23841 of 2023 Ashika J .. Petitioner Vs

1.State of Tamil Nadu, Rep., by its Principal Secretary, Health and Family (MCA-1) Department, Fort St.George, Chennai 600 009.

2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai -600 010. 3.The Selection Committee, rep., by its Secretary, Directorate of Medical Education, 162, Peiyar E.V.R.High Road, Kilpauk, Chennai -500 010. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to permit the petitioner to resign/ discontinue from the M.D.General Medicine seat in Government Sivagangai Medical College, Sivagangai allotted to the petitioner in Round No.3 of State Counselling for P.G.Degree courses without payment of discontinuation fees and without forfeiture of security fee and tuition fee and consequently, re-introduce the petitioner's seat to the seat matrix for allotment in the Special Stray Vacancy Round of State counseling for P.G.Degree courses 2023.

For Petitioner : Mr.E.Manoharan For Respondents : Mr.P.T.Thiraviyam Government Advocate (for R1 & R2)

Ms.Sneha (for R3)

ORDER

The present writ petition is filed seeking a mandamus to direct the respondents to permit the petitioner to resign/ discontinue from the M.D.General Medicine seat in Government Sivagangai Medical College, Sivagangai allotted to the petitioner in Round No.3 of State Counselling for P.G.Degree courses without payment of discontinuation fees and without forfeiture of security fee and tuition fee and consequently, re-introduce the petitioner's seat to the seat matrix for allotment in the Special Stray Vacancy Round of State counseling for P.G.Degree courses 2023.

2.According to the petitioner, she is a qualified MBBS Doctor. In order to pursue her PG course, she appeared for NEET exam in 2023 and secured 430 rank in the State Quota Merit List and upon her participating in the third round of State Counselling for PG course, she was allotted a seat for M.D.General Medicine Course in Government Sivagangai Medical College, Sivagangai. She accordingly joined in the said course. However, the petitioner states that she faced with a toxic work environment and she was unable to handle the work pressure, which pushed her into depression. Consequently, she decided to resign her M.D.General Medicine seat in Government Sivagangai Medical College, Sivagangai. In the event of her resignation, she is required to pay discontinuation fee of Rs.15 lakhs and also to forfeit the tuition fee and security fee paid by her. She conveyed her request to allow her to resign M.D.General Medicine seat without penalty and the said seat may be filled under special stray vacancy round. However, the 3rd respondent informed that her resignation will be permitted only with penalty. Hence, the petitioner has filed the present writ petition.

3.It is the case of the petitioner that vide Notification No.U-12021/02/2023~MCC, dated 14.11.2023, the Directorate General of Health Services announced that a Special Stray Vacancy Round will be conducted for the State Quota Seats and All India Quota seats. In view of the said notification, the seat allotted to the petitioner in the 3^rd round of counselling shall be sent back to the seat matrix for allotment under Special Stray vacancy, hence there is no loss of seat. When there is no loss of seat, the act of the 3^rd respondent insisting upon the petitioner to pay penalty for discontinuation of the course and also to forfeit the security fee and tuition fee paid by the petitioner is arbitrary and unsustainable.

4.The learned counsel for the petitioner further submitted that during the pendency of the Writ Petition, the petitioner was allowed to resign from her seat and further, the seat was filled up in a Special Stray Vacancy counseling that had taken pl