Dr. Neeraj Kumar v. The Medical Counselling Committee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 7891 of 2026 & WMP.Nos.8542, 8547 and 8548 of 2026 Dr. Neeraj Kumar S/o. K.Ravi, No. 49, JVL Paradise, New Avadi Road, Kilpauk, Chennai 10 ..Petitioner(s) Vs
1. The Medical counselling Committee Room Number 354 , DGHS, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110011
2. The Secretary Tamil Nadu State Selection Committee, Directorate of Medical Education, No. 162 Periyar EVR High Road, Kilpauk, Chennai 10
3. The Directorate General of Health Services (DGHS) Ministry of Health and Family Welfare, Nirman Bhawan, Maulana Azad Road, New Delhi - 110011 [3rd respondent impleaded vide order dated 12.03.2026 in W.M.P.No.11259 of 2026 in W.P.No.7891 of 2026] ..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to
the Stray Vacancy Round Result dated 21.02.2026 issued by the 1st respondent and quash the same and consequently direct the 1st and 2nd respondents to keep one seat in M.D. Pediatrics vacant in the Stray Vacancy Round, in so far as it pertains to the allotment of M.D. Pediatrics course. For Petitioner(s):
Mr.R.Singaravelan Senior Counsel for Mr.M.Vishnu Venkatesh For Respondent(s):
Mr.A.S.Vijayaraghavan for R1 and R3 Mrs.N.Sneha for R2
ORDER
This Writ Petition has been filed to call for the records relating to the Stray Vacancy Round Result dated 21.02.2026 issued by the 1st respondent and quash the same and consequently direct the 1st and 2nd respondents to keep one seat in M.D. Pediatrics vacant in the Stray Vacancy Round, in so far as it pertains to the allotment of M.D. Pediatrics course.
2. According to the petitioner, the petitioner completed M.B.B.S., course from the Government Stanley Medical College and Hospital in the year 2023 and the petitioner appeared for NEET-PG in the year 2025 and secured All India Rank.
Further on 28.11.2025, the petitioner was allotted M.S.Orthopedics at Government Chengalpattu Medical College in AIQ Round-
I counselling and joined the said course and on 24.12.2025, the petitioner surrendered the AIQ Round-I Seat (M.S.Orthopedics - Orthopedics - Chengalpattu). Thereafter, the petitioner joined M.S.Orthopedics on 29.12.2025 at Government Medical College, Omandurar Estate pursuant to the State Round-II Counselling. Thereafter, the petitioner resigned the State Round II Seat (M.S.Orthopedics-Omandurar), as per Selction Committee Procedure on 04.02.2026. In AIQ Round III Counselling, the petitioner was allotted DNB Pediatrics at Rajiv Gandhi Government Women and Children Hospital, Puducherry and joined on 13.02.2026. As per MCC prospectus governing NEET-PG 2025, the counselling candidates, who join AIQ Round-III are not eligible to participate in State Round-III or in the AIQ stray vacancy round.
The 1st respondent published the Provisional result of the AIQ Stray Vacancy Round on 21.02.2026. The grievance of the petitioner is that the ranks inferior to the petitioner were allotted M.D.Pediatrics Seats at Government Medical College, Cuddalore and Government Villupuram Medial College respectively, despite securing higher rank, the petitioner was denied consideration for his higher preferred speciality.
3. The learned senior counsel appearing for the petitioner would submit that the petitioner challenges the Stray vacancy round result dated 21.02.2026, insofar as it pertains to the allotment of M.D.Pediatrics seats to
candidates having ranks inferior to the petitioner. Further, though the petitioner secured higher rank, he was denied consideration for his higher preferred speciality, that apart, the time fixed by the Hon'ble Supreme Court for consideration of stray vacancy is not yet over, therefore, the respondents may be directed to consider the petitioner for special stray vacancy counselling to accommodate the petitioner in the vacancy post, hence the present Writ Petition.
4. Per contra, Mrs.Sneha, learned Standing Counsel appearing for the 2nd respondent would submit that already for conducting of stray vacancy counselling, the time has been fixed by the Hon'ble Supreme Court and the last date of conducting the counselling for Stray vacancy counselling is till 28.02.2026 beyond that the State Government has no power to conduct the stray vacancy counselling. If at all the petitioner intends to participate in the Stray Vacancy Counselling, the petitioner has to approach the Hon'ble Supreme Court of India for appropriate remedy and not before this Court under Article 226 of Constitution of India. Hence the Stray Vacancy counselling was conducted strictly as per the timeline fixed by the Hon'ble Supreme Court, thereby pleaded to dismiss the petition.
5. The learned counsel appearing for the respondents 1 and 3 would submit that the last date for conducting the Stray Vacancy counselling is 28.02.2026 beyond that the 1st and 3rd respondents have no power to conduct the counselling for Stray vacancy, hence the prayer sought for by the petitioner cannot be granted.
6. In reply, the learned senior counsel appearing for the petitioner would submit that if any special stray vacancy counselling is conducted after 28.02.2026, opportunity may be given to the petitioner to participate in the Special Stray Vacancy Counselling.
7. Considering the above said facts and circumstances of the case and taking note of the submissions made by the learned senior counsel for the petitioner and the learned counsel for the respondents, this Court is of the opinion that if any special stray vacancy counselling is being conducted after 28.02.2026, the respondents are directed to provide an opportunity to the petitioner to participate in the Special Stray Vacancy Counselling and liberty granted to the petitioner to approach the Hon'ble Apex Court for appropriate remedy.
Accordingly, the present Writ Petition is disposed of. Consequently, W.M.P.No.8542 of 2026, to dispense with the production of certified copy of the impugned vacancy round result dated 21.02.2026, is ordered as prayed for and W.M.P.Nos.8547 and 8548 of 2026 is closed. No costs. 12-03-2026 Index: Yes/No Speaking/Non-speaking order Note: Registry is directed to issue order copy on 13.03.2026 ssd To
1. The Medical counselling Committee Room Number 354 , DGHS, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110011
2. The Secretary Tamil Nadu State Selection Committee, Directorate of Medical Education, No. 162 Periyar EVR High Road, Kilpauk, Chennai 10
M.DHANDAPANI, J.
ssd 12-03-2026