← Library
Madras High CourtWP/28357/2025disposed of

Selvi.N v. The State Of Tamilnadu

2025-07-29Honourable Mr.Justice C.Kumarappan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.No.31754 of 2025 Selvi. N ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2.The Selection Committee, Rep. by its Secretary, Directorate of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

3.Union of India, Rep. by its Secretary, Ministry of Human Resource Development, Room No.316, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.

4.The Medical Counselling Committee (MCC) Represented by Director General of Health Services, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi - 110011 1/7

5.Directorate of General of Health Services, Represented by the Deputy Director General of Health Services, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, New Delhi - 110 011.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to allow the Petitioner to participate under the SC category in the counselling dated 30.07.2025 conducted for allocating seats in undergraduate courses (MBBS/BDS).

For Petitioner : Mr.John Joseph R For R1 : Mr.K.Tippu Sultan Government Advocate For R2 : M/s.M.Sneha Special Counsel For R3 to R5 : Mr.K.R.Samratt, SPC

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the Respondents to allow the Petitioner to participate 2/7

under the SC category in the counselling dated 30.07.2025 conducted for allocating seats in undergraduate courses (MBBS/BDS).

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the petitioner has completed her XII Std, and has appeared for 2025 NEET Test on 04.05.2025. The learned counsel for the petitioner would further submit that she belongs to the Scheduled Caste community, and in her application for NEET as well as in the Admit Card, her community has been specifically mentioned as 'Scheduled Caste'. However, in the selection list, her name find a place under the Open Category Quota (OC). It is the contention of the petitioner that she has secured 477 marks out of 720 marks in the NEET 2025 result. Therefore, she has got bright chance to get admission under the Scheduled Caste community Quota. However, without taking into consideration of her communal category, which is referred in the application and admit card, the respondents had wrongly included the petitioner's name in Open Category (OC). Therefore, she prayed to interfere with the same. 3/7

5. At this juncture, the learned Special Counsel appearing for the 2nd respondent would strongly object the contention of the petitioner, and would contend that the petitioner did not upload her Community Certificate, therefore, she was considered under open Category (OC) and would further submit that as on today, the Choice Locking Option has not been closed.

6. I have given my anxious consideration to the submissions made on either side.

7. The petitioner has asserted in all her application that she belongs to Scheduled Caste Community. However, according to the respondents, she has not submitted any proof before the Authority concerned to prove her Community. Only on that basis, it appears, her name was included in the Open Category (OC). Since we are only concerned about the proof in respect of the petitioner's Community, this Court deems it appropriate to show some leniency in favour of the petitioner, further it is ascertained that the Choice Locking Option still has not been closed.

4/7

8. In view of the above factual position, this Court deems it appropriate to direct the respondents to include the name of the petitioner in the Scheduled Caste category merit list, and permit her to participate in the counselling scheduled on 30.07.2025. It is made clear that the benefit of this order is applicable to the petitioner, subject to the production of necessary documents before the respondents to prove that she belongs to the Scheduled Caste community.

9. With the above direction, the Writ Petition is disposed. No costs. Consequently, the connected writ miscellaneous petition is closed. 29.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm Note:Issue order copy today (i.e., 29.07.2025) 5/7

To 1.The Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

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

3.The Secretary, Union of India, Ministry of Human Resource Development, Room No.316, All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.

4.The Director General of Health Services, Medical Counselling Committee (MCC) Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi - 110011 5.The Deputy Director General of Health Services, Directorate of General of Health Services, Ministry of Health and Family Welfare, Government of India, Nirman Bhawan, New Delhi - 110 011.

6/7

C.KUMARAPPAN, J.

dm 29.07.2025 7/7