Madras High CourtWP/12971/2026disposed of with direction

Dr.Arul Venkadesh v. The Director General Of Health Services

2026-04-01Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.14188 of 2026

1. Dr.Arul Venkadesh S/o.C.Gopalakrishnan, 21/28-1, Pilavilai,Ammandivilai, Kanyakumari District.

2. Dr.Emerson Shadrach William S/o.Mr.Edwin William, S3, GK Adithi Apartment, Sri Sai Nagar 2nd Main Road Tambaram,Chennai- 045.

3. Dr.Karthick Chandra Kumar B S/o.Balachandran R No.16/14, Keela Street, Vilanthidasamuthiram Nagapattinam-609 111.

..Petitioner(s) Vs

1. The Director General of Health Services Ministry of Health and Family Welfare, Government of India, F-17, Karakardooma, New Delhi-110 032.

2. National Medical Commission Rep. by its Secretary Pocket -14, Sector -8, Dwarka Phase-1 New Delhi-110 077.

3. National Board of Examinations in Medical Sciences Rep by its President, Medical Enclave, Ansari nagar, Ring Road, New Delhi-110 029.

4. The Secretary to Govt.of Tamil Nadu Health and Family Welfare Department, Secretariat, Chennai-600 009.

5. The Director Directorate of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai-600 010.

6. The Secretary Selection Committee, Directorate of Medical Education 162, EVR Periyar Salai, Kilpauk, Chennai- 600 010.

..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent authorities 1 to 3 to act upon the representations dated 26.03.2026, submitted by the petitioners seeking reduction of qualifying percentile for admission into super Speciality medical courses 2025- 26 in NEET SS -2025 and Consequently direct the respondents 4 to 6,not to surrender the Super Specialty Seats to the respondents 1 to 3, till the orders passed by the respondents 1 to 3 for reduction of qualifying marks for admission into super Speciality Course 2025-26 and Conducting the special round of Counselling by the respondents 5 and 6.

For Petitioner(s):

Mr.S.Thanka Sivan For Respondent(s):

Mr.AR.L.Sundaresan, ASG Asst. by Mr.K.Srinivasamurthy for R1 Mr.B.Rabu Manohar, SCGC for R2 Mr.K.Tippusulthan, GA for R4 to R6

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to act upon the representations dated 26.03.2026, submitted by the petitioners seeking reduction of qualifying percentile for admission into super Speciality Medical Courses 2025-26 in NEET SS-2025 and consequently to direct the respondents 4 to 6, not to surrender the Super Speciality Seats to the respondents 1 to 3, till the orders passed by the respondents 1 to 3 for reduction of qualifying marks for admission into Super Speciality Course 2025-26 and conducting the special round of Counselling by the respondents 5 and 6.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the present Writ Petition is taken up for hearing at the admission stage itself.

3. In view of the order proposes to be passed in this Writ Petition, WMP.No.14186 of 2026 filed by the petitioners to permit them to join together

and to file a Single Writ Petition is allowed, subject to payment of a separate Court fee.

4. The brief facts of the case is as follows: 4.1. The petitioners herein are Post Graduate Medical Doctors and are employed in Government Medical College and Hospital and have all appeared in NEET SS-2025 examination and the results were published by the respondents on 23.01.2026. In the State of Tamil Nadu, 50% of all Super Speciality Courses in all branches are reserved for Government Service candidates as per the orders of the Hon'ble Supreme Court in W.P.(C) No.196 of 2018 dated 31.08.2020. The eligibility marks in NEET-SS 2025-26 was announced as 225/600 for medicine group and 288/600 for surgery group for the first round of counselling which was conducted on 23.03.2026. In the first round of counselling, among 227 seats, 74 seats were filled however 153 seats of service quota remains unfilled.

The respondents 1 to 3 are now and then passing notifications for reduction of qualifying percentile for the special round of counselling. The petitioners are not able to participate in the counselling due to the high qualifying marks fixed by the respondents 1 to 3 and they submitted representations for reduction of qualifying percentile for admission into Super Speciality Medical Courses 2025-26 so as to enable them to participate in the next round of counselling and to conduct the mop-up round for the remaining seats by the respondents 5 & 6.

26.03.2026. However, no order was passed on the said representations and hence, the present Writ Petition.

5. The learned counsel for the petitioners submitted that it would be suffice for this Court to issue a direction to the first respondent to consider the petitioners' representations dated 26.03.2026 in consultation with the second respondent with regard to the reduction of qualifying marks for the NEET-SS Counselling 2025, as there is huge vacancies in the Government service quota and the respondents 5 & 6 on non availability of qualifying candidates as per fixed percentile, are surrendering those seats to the respondents 1 to 3 every year and thus, prayed this Court to pass appropriate orders, within a reasonable time.

6. Per contra, the learned Additional Solicitor General appearing on behalf of the first respondent submitted that the reduction of percentile of the qualifying marks for the Super Speciality Course is not a matter of right, however, the petitioners' representations dated 26.03.2026 will be considered by the respondents strictly in accordance with law.

7. Considering the facts and circumstances of the case and also taking note of the submissions made on either side, this Court directs the first respondent in consultation with the second respondent to consider the

petitioners' representations dated 26.03.2026 and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

01-04-2026 Index: Yes/No Speaking/Non-speaking order DP