WP/40038/2026 of M.RAJESH KUMAR Vs Selection Committee on 30 September 2026

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondent to include the petitioner’s son in the Provisional Rank List of candidates eligible for admission to the MBBS course for the 2026–2027 academic session as a Non-Resident Indian (NRI) candidate under the Management Quota.

2. The learned counsel for the petitioner submitted that the petitioner’s son applied for MBBS/BDS admission for the 2026–2027 academic year, but inadvertently failed to claim the NRI quota during the online application process. This omission was due to a bona fide misunderstanding that the quota applied exclusively to the children of NRI parents. In reality, the candidate’s paternal uncle, namely, Surendar Kumar Munimohan, is a permanent resident of Australia and was certified as an NRI by the Consulate General of India, Sydney, on 14.08.2026. Subsequently, the candidate’s uncle executed a Ward Certificate dated 14.09.2026, agreeing to act as the guardian and financially sponsor the candidate's medical education. Furthermore, the Tahsildar,

Ambattur Taluk, issued a Certificate of Relationship on 26.09.2026. The petitioner asserts that this NRI status and eligibility existed prior to the application deadline, and the documents obtained subsequently merely evidence pre-existing facts rather than creating a new right.

3. The learned counsel further submitted that due to the delay in receiving these certificates, the petitioner was not in a position to select the NRI category at the initial stage. He submitted that without uploading these specific documents, the online portal does not allow a candidate to finalize the application to participate in the NEET counselling under that specific quota. He fairly conceded that the candidate has already participated in the counselling process under the Management Quota. However, with Round 3 of the online counselling process now commencing, the candidate stands excluded from the list of eligible NRI quota candidates due to this inadvertent error. Under these circumstances, the petitioner has filed this Writ Petition seeking directions to allow his son to participate in the ongoing Round 3 counselling under the NRI quota.

4. It is argued that permitting such participation will cause no prejudice to other candidates, as seat allotments remain strictly merit-based, whereas denying the candidate the opportunity to pursue his MBBS course due to an honest procedural mistake would cause irreparable injury.

5. On the other hand, the learned Special Government Pleader appearing for the respondent vehemently opposed the submissions of the learned counsel for the petitioner. He submitted that if the petitioner was genuinely interested in applying under the NRI quota, he ought to have submitted the said certificates within the stipulated time, or at least availed of the opportunities provided to upload missing documents and change categories, which were granted on three separate occasions, namely 07.08.2026, 11.08.2026, and 12.08.2026. The petitioner failed to upload the required documents within those timelines. It is further submitted that mid-way through the counselling process, and after the candidate has already participated in two rounds of counselling under the Management Quota, it would be administratively difficult for the respondent to permit a change of category. If allowed, it would open the floodgates for all other candidates to claim a similar right to switch from one quota to another at their convenience.

6. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent, and perused the materials available on record.

7. Upon perusal of the documents, it is evident that the petitioner initially applied by marking the category as "Management Quota". However, to substantiate the submission that the petitioner always intended to apply under the NRI quota, it is seen that the petitioner obtained the NRI Certificate on 14.08.2026, the Ward Certificate on 14.09.2026, and the Relationship Certificate on 26.09.2026. These dates demonstrate a clear and continuous intent to secure the NRI quota. The petitioner was prevented from uploading the application under the NRI quota solely due to the non-availability of these certificates at the relevant time. A candidate's substantive right to participate in the counselling under the NRI quota cannot be mechanically rejected merely because he was unable to upload the certificates within the initial timeline, provided such claims are made during the subsistence of the counselling process and not after its conclusion.

8. Although two rounds of counselling have already been completed, the Medical Counselling Committee (MCC) guidelines permit candidates to change their category during the counselling process. However, no such guidelines are available with the respondent; the petitioner’s rights cannot be deprived merely because of the non-existence of these guidelines. Therefore, the petitioner’s request to participate in the counselling under the NRI quota, upon production of the necessary certificates, cannot be denied. However, the petitioner cannot claim any retrospective re-fixation of rank or seniority or seek to disturb seats already allotted to other candidates.

9. In view of the above, this Court directs the respondent to consider the petitioner’s request for participation in the future counselling under the NRI quota, subject to the availability of a seat corresponding to the merit rank of the petitioner’s son and upon production of all necessary certificates and fulfilment of all other applicable conditions.

10. With the above observations and directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 30-09-2026 Note: Issue order copy on or before 01.10.2026. Asi To The Deputy Director – UG, Selection Committee, Directorate of Medical Education and Research, Government of Tamil Nadu, No 162 Peiryar E.V.R. High Road, Kilpauk, Chennai 600 010.

KRISHNAN RAMASAMY, J. Asi WP No. 40038 of 2026 and WMP No.44960 of 2026 30-09-2026