Dharani T v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-02-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 4150 of 2026 Dharani,T.
D/o Thiyagarajan, K, 4/9, Pallavarayanenthal North, Paramakudi, Vallam Post, Ramanathapuram 623 705 Petitioner Vs 1.Union Of India Represented by its Secretary, Department of Health and Family Welfare, Nirman Bhawan, New Delhi 110 011.
2.Medical Counselling Committee Represented by its Secretary, Directorate General of Health Services Ministry of Health and Family Welfare, Room No.162-A - Wing, Nirman Bhawan, New Delhi 110 011.
3.National Medical Commission Represented by its Secretary, Pocket-14, Sector -8, Dwarka Phase-I, New Delhi 110 077.
4.Sri Lakshmi Narayana Institute of Medical Sciences Represented by its Registrar, Osudu Agaram Village, Villianur Commune, Kudupakkam Post, Puducherry 605 502.
Respondents
PRAYER Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondent Nos.1 to 3 to allot the vacant MBBS seat in Respondent No. 4 to the Petitioner under the All India Quota for academic year 2025-26.
For Petitioner M/s.Suhrith Parthasarathy For Respondents Mr.A.Kumaraguru, Sr. Panel Counsel for R1 Mr.Subramani Vaidhyanathan for R2 M/s.B.Rabu Manohar, Sr.Central Govt. Standing Counsel, NMC for R3 No appearance for R4
ORDER
The Writ Petition is filed for Mandamus directing the respondents 1 to 3 to allot the vacant MBBS seat in the respondent No.4 college to the petitioner under the All India Quota for the academic year 2025-2026 and pass further or other orders.
2.Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that, when the petitioner participated in the mop-up counselling round, the petitioner missed her chance by a whisker, in as much as one candidate just above the petitioner
was selected and the petitioner was not given the seat. It is ascertained from the 4th respondent-college that the said candidate did not join and pursue the course and that one seat is vacant in the 4th respondent college, the same is a National resource and should not be allowed to go to waste.
3. The claim of the petitioner for the said seat is not belated and the petitioner has immediately approached this Court. Merely because the last date of the cut-off as fixed by the Honourable Supreme Court of India, expired on 31.12.2025, admission is not being granted to the petitioner. The learned counsel would submit that there should not be any fetters on the jurisdiction of the Honourable High Court under Article 226 of the Constitution of India, to grant such extraordinary relief, in exceptional cases, thereby granting relief to the petitioner and also utilising the national resource, as the college has been established in the manner known to law and one more Doctor will render service to the society.
The learned counsel would also submit that while there can be no two opinions that the last date as fixed by the Honourable Supreme Court of India shall be adhered to by everyone. In exceptional cases, like this, and considering the past, where the reliefs have been granted in respect of certain individuals and also the authorities themselves have extended one more round of counselling and approached the Honourable Supreme Court of India by way of an application for post-facto approval, this should be treated as an exceptional case and admission should be ordered.
4. Per contra, the learned counsel appearing on behalf the respondents would place on record, the recent judgement of the Honourable Division Bench of this Court in W.A.No200 of 2026, wherein they considered the similar relief and categorically held that, even if there is any error in the process of counselling, it could be corrected only before the last date of admission. It has been held that the aggrieved party should only approach the Honourable Supreme Court of India for any relief after the expiry of the cut-off date
5. In view thereof, with the said liberty open to the petitioner to approach the Honourable Supreme Court of India, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 13-02-2026 ari To 1.The Secretary Union Of India Department of Health and family Welfare, Nirman Bhawan, New Delhi 110 011 2.The Secretary, Medical Counselling Committee, Directorate General of Health Services, Ministry of Health and Family Welfare, Room No.162-A- Wing, Nirman Bhawan, New Delhi 110 011
3.The Secretary National Medical Commission Pocket -14, Sector -8, Dwarka Phase I, New Delhi 110 077.
4.The Registrar, Sri Lakshmi Narayana Institute of Medical Sciences Osudu Agaram Village, Villianur Commune, Kudupakkam Post, Puducherry 605 502
D.BHARATHA CHAKRAVARTHY J.
ari and W.M.P.No. 4150 of 2026 13-02-2026