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Madras High CourtWP/29307/2025dismissed

G.Sriranjini v. The Government Of Tamilnadu

2025-08-07Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.08.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN G.Sriranjini ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary to the Government, Department of Health & Family Welfare, Fort St. George, Chennai - 600009.

2. The Secretary, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi - 110077.

3. The Chairman, Tamil Nadu Medical Council, No.959 & 960, Poonamallee High Road, Purasaiwakkam, Chennai - 600084.

4. The Director, Directorate of Medical Education, Government of Tamil Nadu, No.162, Periyar E.V.R. High Road, 1/6

5. The Additional Director of Medical Education/Secretary, Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road,

6. The Additional Director, Directorate of Ex-servicemen Welfare, Government of Tamil Nadu, No.22, Raja Muthiah Road, Choolai, Chennai - 600003.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and reserve one MBBS seat for the petitioner from the academic year 20252026 in any Government Medical College in Tamil Nadu till final disposal of O.A.No.94 of 2024 pending on the file of the Hon'ble 'Armed Forces Tribunal, Regional Bench, Chennai.

For Petitioner : Mr.AQ.Choudhury For Respondents : Mr.K.Tippu Sultan, Government Advocate (for R1 & R4) Mrs.M.Sneha, Special Counsel (for R5) Mrs.V.Sudha, Standing Counsel (for R2) Mr.U.Bharanidharan, Standing Counsel (for R3) *****

O R D E R

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The instant writ petition has been filed with a prayer for issuing a mandamus directing the respondents to consider and reserve one MBBS seat for the petitioner from the academic year 2025-2026 in any Government Medical College in Tamil Nadu till final disposal of O.A.No.94 of 2024 pending on the file of the Hon'ble Armed Forces Tribunal, Regional Bench, Chennai (hereinafter referred to as 'the Tribunal' for short).

2. The learned counsel for the petitioner would submit that the petitioner's mother has filed an application in O.A.No.94 of 2024 before the Tribunal that the petitioner's father's death was declared as Attributable to or aggravated by Military Service. In that regard, the Tribunal has reserved its order and, any time an order could be passed. In the event of the Tribunal declared that the petitioner's father's death is Attributable to Military Service, then the petitioner will come under the Ex-servicemen quota. Therefore, he prays to reserve one seat until the order is passed Tribunal.

3. However, the said contention was stoutly objected by the learned 3/6

Special Counsel appearing for the fifth respondent and would contend that for the Ex-servicemen quota, there are only 10 seats for MBBS and 1 seat for BDS, whereas all 11 seats had been allotted to individual candidates. Therefore, there is no vacancy to be reserved under the Ex-Servicemen quota. Apart from that, the learned Special Counsel would fairly submit that if the petitioner is otherwise eligible in general quota, she can very well participate in that counselling.

4. I have given my anxious consideration to either side submissions.

5. Admittedly, the entire petition revolves around the priority category of whether the petitioner would come within the Ex-servicemen quota. The petitioner's case is, she comes within the Priority Three-(III) category, but she was considered under the Ex-Servicemen in Priority - 6 category. Admittedly, no order has been passed by the Tribunal. As rightly contended by the learned Special Counsel, the counselling has already been completed on 30.07.2025, and all 11 seats have already been filled. Therefore, the question of reserving one seat does not arise. Hence, this Court does not find any merits in the present Writ Petition.

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6. In the result, this Writ Petition is dismissed. However, the petitioner is at liberty to participate in the general counselling, if she is otherwise come within the zone of consideration. No costs.

07.08.2025 kv Index : Yes/No Speaking order /Non Speaking Order To

1. The Government of Tamil Nadu, Rep. by its Secretary to the Government, Department of Health & Family Welfare, Fort St. George, Chennai - 600009.

2. The Secretary, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi - 110077.

3. The Chairman, Tamil Nadu Medical Council, No.959 & 960, Poonamallee High Road, Purasaiwakkam, Chennai - 600084.

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C.KUMARAPPAN, J.

kv

4. The Director, Directorate of Medical Education, Government of Tamil Nadu, No.162, Periyar E.V.R. High Road,

5. The Additional Director of Medical Education/Secretary, Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road,

6. The Additional Director, Directorate of Ex-servicemen Welfare, Government of Tamil Nadu, No.22, Raja Muthiah Road, Choolai, Chennai - 600003.

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