M.G.Santhosh v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN M.G.Santhosh ... Petitioner Vs.
1.The Government of Tamil Nadu Rep. by its Secretary to Government Health & Family Welfare Department Secretariat, Fort St.George, Chennai - 600 009.
2.The Selection Committee Directorate of Medical Education No.162, Periyar E.V.R High Road, Kilpauk, Chennai - 600 010.
3.The National Board of Examination (NBE) Medical Enclave, Ansari Nagar, Post Box No.4931, Ring Road, New Delhi - 110 029.
4.The Medical Counselling Committee Allotment Process - Counselling Directorate of Health Services Ministry of Health and Family Welfare Nirman Bhavan, New Delhi - 110 001.
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5.National Testing Agency, UG NEET (An Autonomous Organization Under the Department of Higher Education) Ministry of Education, Government of India First Floor, NSIC-MDSP Building, Okhia Industrial Estate, New Delhi - 110 020.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to change the category of the petitioner under OBC instead of General in the application bearing Registration No.250411777284 dated 02.05.2025, Candidate Roll No.4101203431 and issue the rank by considering the eligibility of the petitioner under OBC category for the UG medical admission.
For Petitioner : Mr.I.Sathish For Respondents : Mr.K.Tippu Sultan for R1 Government Advocate Ms.Sneha for R2 Standing Counsel Mr.N.Sivaprakash for R3 and R4 Senior Central Government Counsel Mr.AR.L.Sundaresan for R5 ASCG Assisted By Ms.Sunitha Kumari
O R D E R
By consent, the writ petition is taken up for final disposal at the admission stage itself.
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2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to change the category of the petitioner under OBC instead of General in the application bearing Registration No.250411777284 dated 02.05.2025, Candidate Roll No.4101203431 and issue the rank by considering the eligibility of the petitioner under OBC category for the UG medical admission. 3.The learned counsel appearing for the petitioner would submit that the petitioner belong to OBC category. While applying for NEET through information centre, inadvertently, his community was mentioned as General category. In this connection, he has sent representation to the respondents on 17.06.2025. Hence prayed to issue Mandamus to consider the petitioner's representation. 4.
At this juncture, the learned Additional Solicitor General of India would submit that in similar set of facts, this Court in W.A.(MD)No.739 of 2019 dated 22.07.2019, has held that when a person themselves registered as General category, after issuance of result, they cannot turn around and pray for modification of their community and the same was also followed by a learned Single Judge in W.P.(MD)No. 19051 of 2024 dated 07.08.2024.
similar nature was challenged before the Hon'ble Supreme Court, the same was dismissed in SLP No.18211 of 2024 dated 28.06.2024. The learned Assistant Solicitor General of India would further submit that the same view has already been taken by the Hon'ble Division Bench of Telangana High Court in W.P.No.15398 of 2025 vide order dated 09.06.2025.
5.In the case in hand, admittedly, the petitioner had given community as General and he has come up with representation only after NEET result is published. Therefore, the facts of this case is squarely covered by the judgments referred herein. 6.In view of the above, this Court do not find any merits in the writ petition. Therefore, the writ petition is dismissed. No costs. 24.06.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Secretary to Government Health & Family Welfare Department Secretariat, 4/6
Fort St.George, Chennai - 600 009.
2.The Selection Committee Directorate of Medical Education No.162, Periyar E.V.R High Road, Kilpauk, Chennai - 600 010.
3.The National Board of Examination (NBE) Medical Enclave, Ansari Nagar, Post Box No.4931, Ring Road, New Delhi - 110 029.
4.The Medical Counselling Committee Allotment Process - Counselling Directorate of Health Services Ministry of Health and Family Welfare Nirman Bhavan, New Delhi - 110 001.
5.National Testing Agency, UG NEET (An Autonomous Organization Under the Department of Higher Education) Ministry of Education, Government of India First Floor, NSIC-MDSP Building, Okhia Industrial Estate, New Delhi - 110 020.
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C.KUMARAPPAN,J.
pri 24.06.2025 6/6