A.Divyatjothi v. The Secretary
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.37564, 37566 & 36567 of 2025 A.Divyajothi .....
Petitioner Vs
1. The Secretary Medical Council of India, Sector 8, Pocket-14, Phase-I, Dwarka, New Delhi-110 077.
2 State of Tamil Nadu, Rep. by its Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.
3. The Director of Medical Education, Kilpauk, Chennai-600 010.
4. The Secretary Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.
5. The Certificate Issuing Authority, 1/7
Regional Medical Board, Rajiv Gandhi Govt. General Hospital, Chennai-600 003.
.....
Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned certificate issued by the 5th respondent vide No.2025-Jul/UDID/000035 dated 23.07.2025 and quash the same and consequently direct the respondents to re-assess the petitioner's disability and permit her to participate in the counselling for the course of MBBS/ BDS (Government Quota) for the academic year of 2025 to 2026 under OBC/NCL (Central List) PwBD category, within the time to be fixed by this Honourable Court.
For Petitioner :
Mr.M.Vijaya Ragavan For R1 :
Mrs.V.Sudha Central Govt. Standing Counsel For R2, R3 & R5 :
Mr.K.Tippu Sultan Government Advocate For R4 :
Mrs.M.Sneha Standing Counsel
O R D E R
This Writ Petition has been filed challenging the disability certificate issued by the fifth respondent, thereby assessed the petitioner's disability as Locomotor disability at 18%.
2. Heard the learned counsel appearing on either side and 2/7
perused the materials available on record.
3. The petitioner completed her higher secondary education in the month of March 2024 and secured 458 marks out of 600. She suffers from disability in her right hand fingers. Accordingly, she applied for NEET-UG 2025 under the Persons with Benchmark Disability (PWBD) category under the OBC-NCL (Central List) category. In order to participate in the counselling process, the petitioner was required to obtain disability certificate from the fifth respondent for admission under PWBD quota in Tamil Nadu UG medical admission. Pursuant to the same, the petitioner appeared before the fifth respondent for assessment of her disability. The fifth respondent examined the petitioner and by Disability Certificate dated 23.07.2025, assessed her disability at 18%.
4. The eligible criteria for admission under the PWBD category require that a person must have a minimum of 40% disability. The only contention raised by the petitioner is that already the petitioner was assessed with Government Hospital, Edappadi, Salem District as 40% disability. However, the fifth respondent, without considering the 3/7
same, mechanically assessed her disability at only 18%.
5. On instructions, the learned Standing Counsel appearing for the fourth respondent submitted that the counselling for PWBD category had already concluded on 30.07.2025. The first counselling for the general quota was also completed and the second counselling is underway. Though fifteen seats are available under PWBD category for undergraduate medical admission, in the absence of eligible candidates, the seats automatically revert to the general category. Therefore, the request to re-assessment cannot be considered, since no purpose would be served. That apart, the fifth respondent has already assessed the petitioner's disability at 18% and it cannot be altered to 40% under any circumstances.
6. In view of the above, this Court finds no infirmity or illegality in the impugned certificate dated 23.07.2025 issued by the fifth respondent. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall 4/7
be no order as to costs.
04.09.2025 Internet: Yes Index: Yes/No Speaking/Non-speaking order Lpp To
1. The Secretary Medical Council of India, Sector 8, Pocket-14, Phase-I, Dwarka, New Delhi-110 077.
2 The Secretary, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai-600 009.
3. The Director of Medical Education, Kilpauk, Chennai-600 010.
4. The Secretary Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.
5. The Certificate Issuing Authority, Regional Medical Board, 5/7
Rajiv Gandhi Govt. General Hospital, Chennai-600 003.
G.K.ILANTHIRAIYAN, J.
Lpp 6/7
04.09.2025 7/7