Madras High CourtWP/28124/2025disposed of

Theerthana.T v. The National Board Of Examination

2025-07-29Honourable Mr.Justice C.Kumarappan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Writ Petition No.28124 of 2025 and Writ Miscellaneous Petition No.31549 of 2025 Theerthana.T ... Petitioner ..Vs..

1.The National Board of Examination, Medical Enclave, Ansari Nagar, P.O.Box No.4931, Ring Road, New Delhi 110 029.

2.The Medical Counselling Committee, Allotment Process - Counselling, Directorate General of Health Service, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

3.The Government of Tamil Nadu, Rep. by the Principal Secretary, Department of Higher Education, Secretariat, Chennai - 600 009.

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

5.The Director of Medical Education, No.162, Poonamallee High Road, Chetpet, Chennai - 600 003.

6.The Secretary, Selection Committee, Director of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

7.The Medical Council of India, Rep. by its Secretary, Pocket 14, Sector 8, Dwaraka Phase, New Delhi.

8.The Central Board of Secondary Education, Shuksha Kendra-2, Community Centre, Preet Vihar, Delhi, 110092.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondents herein to permit the petitioner to join Medical courses of the year 2025-2026 through further rounds of counseling and to join in any one of the Self Financing Colleges/Management quota of the Deemed Universities considering her as OBC candidate.

For Petitioner :

Mr.Father Xavier Arulraj, Senior Counsel For Mr.V.R.Appaswamee 2/8

For Respondents : Mr.J.Hari Krishna for R1 M/s.Poonam Chopra for R2 Mr.K.Tippu Sultan, Government Advocate for RR3 to 5 M/s.M.Sneha, Standing Counsel for R6 M/s.Shubranjani Ananth for R7

ORDER

The present writ petition has been filed with a prayer for Mandamus to direct the respondents herein to permit the petitioner to join Medical courses of the year 2025-2026 through further rounds of counseling and to join in any one of the Self Financing Colleges/Management quota of the Deemed Universities considering her as OBC candidate.

2. The learned Senior Counsel appearing for the petitioner would submit that while applying for the NEET examination, there was no specific option available for the BC category, and therefore, the petitioner opted General category. However, after the NEET results were released, the petitioner was able to obtain a Community Certificate under the OBC 3/8

category. It is the contention of the petitioner that she is eligible for consideration under the OBC category, having qualified in the NEET examination. Though the learned Senior Counsel raised such contention, would limits the relief and sought a request that the petitioner be permitted to submit a representation to the respondents for consideration under the BC category for a Self Financing College, which would suffice and satisfy the petitioner.

3. At this juncture, the learned Standing Counsel appearing on behalf of the 6th respondent would fairly submit that, if any representation is received, they will consider the same in accordance with its own merits and in accordance with law within a reasonable time.

4. Heard the learned counsels on either side and also perused the materials available on record.

5. In such view of the fair submission, without going to the merits of the writ petition, this Court, deems it appropriate to direct the petitioner to 4/8

give a representation to the 6th respondent within a period of three (3) days from today. If any such representation is received, the 6th respondent is directed to dispose of the same, according to its own merits and in accordance with law within a period of seven (7) days, thereafter. The respondent is directed to consider the representation without awaiting the copy of the order.

6. With the above observations, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition stands closed. 29.07.2025 ssi Index : Yes Speaking Order : Yes/No 5/8

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