Judicial review under Article 226 allows institutions to challenge administrative decisions impacting educational intake, especially where previous court judgments exist.

5.The Tamil Nadu Dr. M.G.R.Medical University, Rep.by its Registrar, Anna Salai, Guindy, Chennai-600 032. … Respondents Prayer in W.P.No.7568 of 2026 Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of Respondents relating to the orders of the 1^st Respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, 2^nd respondent dated 10.06.2025, 3^rd respondent in Letter No.e5426/PME-2/2025-2 dated 26.06.2025 and 4^th Respondent in Ref. No.064981/PME/2/2025 dated 18.07.2025 and 5^th Respondent in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and quash the same and directing the 5^th Respondent University to receive and Process the application of the petitioner to increase in intake in the existing M.P.T. Course in Allied Health Science Programmes in the petitioner college, viz., Nandha College of Physiotherapy, Koorapalayam Pirivu Pitchandampalayam post, Erode District-638 052 in line with order dated 19.01.2026 and made in W.P.No.49983 of 2025 without insisting on Government Order/No objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and Grant Provisional affiliation for starting additional intake in existing M.P.T., courses in Allied Health Science.

For Petitioner: Mr.Kandhan Duraisami in both W.P’s For Respondents: Mr.K.Srinivasamurthy, in both W.P’s CGSC, for R1 Mr.E.Sundaram, Government Advocate, for R2 to R4 Mr.Sivavarthanan, for R4

O R D E R

The writ petition is filed calling for the records relating to the impugned orders passed by the 1^st Respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT dated 09.12.2024, 2^nd respondent dated 10.06.2025, 3^rd respondent in Letter No.e5426/PME-2/2025-2 dated 26.06.2025 and 4^th Respondent in Ref. No.064981/PME/2/2025 dated 18.07.2025 and 5^th Respondent in R.C.No.Affln.V(5)/16234/2025 dated 13.06.2025 and quash the same and directing the 5^th Respondent University to receive and Process the application of the petitioner to increase in intake in the existing M.P.T. Course in Allied Health Science Programmes in the petitioner college, viz., Nandha College of Physiotherapy, Koorapalayam Pirivu Pitchandampalayam post, Erode District-638 052 in line with order dated 19.01.2026 and made in W.P.No.49983 of 2025 without insisting on Government Order/No objection Certificate/Essentiality Certificate from the Government of Tamil Nadu and Grant Provisional affiliation for starting additional intake in existing M.P.T., courses in Allied Health Science.

2. When the matter came up for hearing, learned counsel appearing for both sides would submit that earlier the Hon’ble Division Bench of this Court in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025 dated 02.12.2025 has already held that by invoking the doctrine of necessity in respect of the existing institutions, the request for starting new courses/additional institute can be considered in accordance with law notwithstanding the non-

framing of regulations.

3. Based on the same, several individual orders have also been passed by this Court. One such order passed by this Court in the earlier W.P.No.49983 of

2025 is extracted hereunder in toto for ready reference:-

“This Writ Petition is filed challenging a) the impugned order passed by the fourth respondent in No.Z/103/2024-AHS-DOHFW DEPARTMENT, dated 09.12.2024, F.No.Z/103/2024-AHS-DOHFW, FTS No.8309547, dated 10.06.2025; b) the impugned letter issued by the fifth respondent State Council dated 10.06.2025 and c) the impugned letter issued by the third respondent University in R.C.No.Affln.V(5)/16234/2025, dated 13.06.2025 and quash the same and direct the third r