M.Gnanaprakasam v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN M.Gnanaprakasam ... Petitioner Vs.
1.
The Secretary to Government, The Government of India Ministry of Human Resources Development, New Delhi.
State of Tamil Nadu, Represented by its Principal Secretary, Health and Family (MCA-1) Department, Fort St.George, Chennai - 600 009.
The Director of Medical Education, Directorate of Medical Education and Research, Kilpauk, Chennai - 600 010.
National Medical Commission, Represented by its President, No.14, Sector - 8, Dwaraka, New Delhi - 110 077.
5.
The Selection Committee, Represented by its Secretary, Directorate of Medical Education, 162, Periyar, E.V.R., High Road, Kilpauk, Chennai - 600 010.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the respondents to consider the petitioner's representation dated 23.06.2025 and to call the petitioner's Minor son G.Bharath Kumar in the Other Backward Classes (OBC) category for medical counselling for the year 2025-26 based on NEET exam results which was declared on 14.06.2025, if he is otherwise eligible on merits, based on the petitioner's son G.Bharath Kumar's OBC Certificate dated 18.06.2025.
For Petitioner : Mr.P.Balamurugan For Respondents : Mr.AR.L.Sundaresan Additional Solicitor General of India assisted by Ms.V.Sudha Senior Central Govt. Counsel for R1 & R4 : Mr.K.Tippu Sultan Government Advocate for R2 & R3 : Ms.M.Sneha Standing Counsel for R5
ORDER
By consent, the writ petition is taken up for final disposal at the admission stage itself.
The writ petition is filed seeking a mandamus to direct the respondents to consider the petitioner's representation dated 23.06.2025.
Learned Counsel for the petitioner would submit that the petitioner's minor son viz., G.Bharath Kumar, belongs to OBC category. However, while applying for NEET exam, inadvertently, he registered as if he belongs to General Category. In this connection, the petitioner has sent representation to the respondents dated 23.06.2025 and the same is yet to be considered. Hence prayed to issue mandamus to consider the petitioner's representation.
However, the above said contention was strongly objected by the learned Additional Solicitor General of India and would invite the attention of this Court about the Division Bench Judgment made in WA(MD)No.739 of 2019 dated 22.07.2019, wherein it was 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 above ratio was also followed by this Court in W.P.No.22566 of 2025 dated 24.06.2025. Hence there is no ground to deviate from the above finding. I am in full agreement with the above submission.
In the result, the Writ Petition is dismissed as devoid of merits. No costs.
04.07.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Secretary to Government, The Government of India Ministry of Human Resources Development, New Delhi.
State of Tamil Nadu, Represented by its Principal Secretary, Health and Family (MCA-1) Department, Fort St.George, Chennai - 600 009.
The Director of Medical Education, Directorate of Medical Education and Research, Kilpauk, Chennai - 600 010.
National Medical Commission, Represented by its President, No.14, Sector - 8, Dwarka, New Delhi - 110 077.
5.
The Selection Committee, Represented by its Secretary, Directorate of Medical Education, 162, Periyar, E.V.R., High Road, Kilpauk, Chennai - 600 010.
C.KUMARAPPAN, J.
veda 04.07.2025