Sree Abirami Charitable Trust v. The Tamil Nadu Dr. M.G.R. Medical University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2026
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.655 & 657 of 2026 Sree Abirami Charitable Trust, Represented by its Director, 33 Madukkarai Road, Sundarapuram, Coimbatore 641 024.
... Petitioner Vs 1.
The Tamil nadu Dr. M.G.R. Medical university Represented by its Registrar, Anna Salai, Guindy, Chennai 600 032.
2.
Union of India, Represented by the Secretary to Government, Ministry of Health and Family Welfare, Nirman Bhawn, New Delhi 110 011.
3.
The Nation Commission for Allied healthcare Profession, Represented by its Secretary, NIHFW Campus, New Delhi 110 067.
4.
Tamil Nadu State Allied and Healthcare Council, Represented by its Secretary, Kanthanchavadi, Chennai 600 096.
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5. The Government of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department For St. George, Chennai 600 009.
6. The Director of Medical Education and Research, Chetpet, Chennai 600 031.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus, calling for the records of the Respondents Viz., No.Z / 103 / 2024 - AHS - DOHFW Department dated 9.12.2024 on the file of the 3rd Respondent, Letter No. e5426 / PME -2 / 2025-2 dated 26.06.2025 of the 5th Respondent, Ref No. 064981 / PME / 2/ 2025 dated 18.07.2025 of the 6th Respondent and RC.No. Affln. III (2) / 38325 / 2024 dated 30.06.2025 of the 1st Respondent and quash the same in so far as they relate to the petitioner college is concerned and direct the Respondents to process the request of the petitioner for increase in intake from 50 to 100 seats in BPT course conducted in Sree Abirami College of Physiotherapy, Machegoundanpalayam, Seerapalyam Village, Coimbatore District from the academic year 2025-26 onwards and pass such further or other orders.
For Petitioner :
Mr.Kandhan Duraisami For Respondents :
Mr.G.Arumugam Standing Counsel for R1 :
Mr.B.Rabu Manohar Central Government Standing counsel for R2 and R3 :
Mr.E.Sundaram Government Advocate for R5 & R6 2/7
ORDER
This writ petition has been filed challenging the order dated 9.12.2024 on the file of the 3rd Respondent vide No.Z / 103 / 2024 - AHS - DOHFW Department; Letter No. e5426 / PME -2 / 2025-2 dated 26.06.2025 on the file of the 5th Respondent; Ref No. 064981 / PME / 2/ 2025 dated 18.07.2025 on the file of the 6th Respondent and RC.No. Affln. III (2) / 38325 / 2024 dated 30.06.2025 on the file of the 1st Respondent and to quash the same insofar as they relate to the petitioner college ]and further to direct the respondents to process the request of the petitioner for increase in intake from 50 to 100 seats in BPT course conducted at Sree Abirami College of Physiotherapy, Machegoundanpalayam, Seerapalyam Village, Coimbatore District from the academic year 2025-26 onwards, and to pass such further or other orders. 2.
When the matter came up for hearing, learned Counsel appearing on behalf of the petitioner would submit that the issue involved in this writ petition is covered by the Judgment of the 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.
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3.
Learned Standing Counsel appearing on behalf of the University is not in a position to refute the same.
4.
On a perusal of the impugned orders, it can be seen that, merely because the regulations have not been framed, the permission prayed for by the petitioner college has not been taken up and processed. The Hon'ble Division Bench of this Court vide judgment in W.A.Nos.3213, 3277 & 3678 of 2025 and W.P.No.40016 of 2025 dated 02.12.2025, has already decided the issue on hand. Useful reference can be made to para nos.36 and 37, wherein the Division Bench has invoked the doctrine of necessity and directed the respondents to process the applications made by the existing institutions seeking additional intake in the existing course. 5.
In view thereof, the impugned order on the file of the 3rd Respondent vide No.Z / 103 / 2024 - AHS - DOHFW Department dated 09.12.2024; letter No. e5426 / PME -2 / 2025-2 dated 26.06.2025 on the file of the 5th Respondent; Ref No. 064981 / PME / 2/ 2025 dated 18.07.2025 on the file of the 6th Respondent and RC.No. Affln. III (2) / 38325 / 2024 dated 30.06.2025 on the file of the 1st Respondent are quashed and this Writ Petition stands allowed. The 1st respondent shall process the request of the petitioner for increase in intake from 50 to 100 seats in BPT course in the petitioner's 4/7
college and pass orders, if they meet the other parameters and is otherwise in order. The said exercise shall be completed within a period of four (4) weeks from date of receipt of a web copy of this order, without waiting for the certified copy of the order. No costs. Consequently, the connected miscellaneous petitions are closed.
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To 1.
The Tamil nadu Dr. M.G.R. Medical university Represented by its Registrar, Anna Salai, Guindy, Chennai 600 032.
2.
Union of India, Represented by the Secretary to Government, Ministry of Health and Family Welfare, Nirman Bhawn, New Delhi 110 011.
3.
The Nation Commission for Allied healthcare Profession, Represented by its Secretary, NIHFW Campus, New Delhi 110 067.
4.
Tamil Nadu State Allied and Healthcare Council, Represented by its Secretary, Kanthanchavadi, Chennai 600 096.
5.
The Government of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department For St. George, Chennai 600 009.
6.
The Director of Medical Education and Research, Chetpet, Chennai 600 031.
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D.BHARATHA CHAKRAVARTHY, J.
veda W.P.No.548 of 2026 and W.M.P.Nos.655 & 657 of 2026 12.01.2026 (2/3) 7/7