Extraordinary Jurisdiction Has To Be Exercised: Madras High Court Directs Medical College To Allow Student To Join As Per Allotment In NEET UG

The Madras High Court has directed a Medical College to allow a student to join it as per the allotment made in Round-III of the Tamil Nadu State NEET UG 2025-26.

A Writ Petition was filed by an aggrieved student, seeking to permit her to join the Madha Medical College, Chennai as per the allotment in NEET UG 2025-26 Counselling issued by the Selection Committee.

A Single Bench of Justice N. Anand Venkatesh observed, “In the facts of the present case, considering the marks scored by the petitioner, and considering the attendant circumstances which prevented the petitioner from making the payment on 08.11.2025, this Court is of the view that the extraordinary jurisdiction has to be exercised. Ultimately, instead of the MBBS seat going to the hands of the less meritorious student, it will be more appropriate if the petitioner is able to get the seat, as a meritorious student.”

The Bench said that there is no compromise on merit also. It, however, clarified that its Order cannot be shown as precedent in every other case and in cases of this nature, the Court exercises its discretion, based on the facts of the given case.

Advocates Abisha Issac and H. Mary Sowmi Rexi appeared on behalf of the Petitioner, while Government Advocate K. Tippu Sultan, Special Counsel M. Sneha, and Standing Counsel Richardson Wilson appeared on behalf of the Respondents.

Facts of the Case

The Petitioner had appeared for NEET UG 2025-2026 and obtained a score of 251. The Selection Committee issued a prospectus for admission to MBBS Course 2025-2026 and the Petitioner under the minority quota for both Government quota counselling and Management quota counselling. She was allotted in the Respondent-College under the minority quota in the 3rd round of counselling. As per the notification, after the publication of results, the candidates have to download the allotment order must report before the concerned college by 08.11.2025. The specific case of the Petitioner was that she had to arrange a sum of Rs. 15 lakhs for payment of fees to the college. Her mother took lot of efforts to muster this amount and ultimately, she had to pledge whatever gold jewels that were available with her.

She was able to get the amount only on 08.11.2025. Since 08.11.2025 was a second Saturday, it was a bank holiday and therefore, the Petitioner was not able to take the demand draft or make the payment through NEFT or RTGS mode. She and her mother were repeatedly trying to get in touch with the college so as to inform them that they will be able to pay the fees on the next working day i.e., on 10.11.2025. However, there was no response and since, the Petitioner did not join the college by 08.11.2025, the seat was considered as not occupied and hence, it was added towards the vacancy which would be filled up during stray vacancy. It is under these circumstances, the Petitioner approached the High Court.

Reasoning

The High Court in the above regard, noted, “The petitioner is aspiring to become a doctor and had put all efforts to join MBBS course. For the score secured by the petitioner, she was able to get a seat in the 4th respondent college. What stood between the petitioner and the fourth respondent, was a sum of Rs.15,00,000/- which had to be paid to the fourth respondent-college towards fees.”

The Court remarked that the earliest point of time where the Petitioner could have paid the fees was on 10.11.2025.

“If the above seat is considered to be unoccupied and it is added to the stray vacancy, obviously it will be occupied by those students who have secured lesser marks than the petitioner. There are cases where this Court has to exercise its discretionary jurisdiction under Article 226 of the Constitution of India and render substantial justice”, it added.

The Court was of the view that it is not as if the Petitioner had intentionally not joined the course by 08.11.2025 and the situation was such that she had to muster the finance and pay the fees by 08.11.2025.

“It was sheer bad luck for the petitioner that 08.11.2025 also happened to be a second Saturday and therefore, the petitioner was not able to send the amount through NEFT or RTGS. The other issue that was faced by the petitioner is that the payment gateway in the portal only showed the options of nearly eight banks and the petitioner's mother had a bank account in TMB Bank”, it further observed.

Conclusion

The Court also clarified that its Order cannot be applied to all the cases where the candidates do not join the course, within the time stipulated and therefore, the apprehension on the part of the Respondents that this Order will open flood-gates is too far-fetched.

“The conspectus of the above discussion leads to the only conclusion that the writ petition deserves to be allowed and there shall be a direction to the respondents to permit the petitioner to join the fourth respondent college as per the allotment in Round-III of the Tamil Nadu State MBBS NEET UG 2025 2026 counselling issued by the third respondent-Selection Committee, dated 03.11.2025, by accepting the specified fee of Rs.15,00,000/- The fee shall be paid by the petitioner as per the procedure prescribed by 14.11.2025. It is made clear that if this direction is not complied with by the petitioner, the petitioner has to necessarily lose her right to claim for a seat in the fourth respondent-college”, it directed and concluded.

Accordingly, the High Court allowed the Writ Petition.

Cause Title- Shilpa Suresh.S v. The State of Tamil Nadu & Ors. (Case Number: W.P.No.44306 of 2025)

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