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2025 DAILYLAW 190184 (MAD)

NETHRA.S v. STATE OF TAMILNADU

WP/40674/2025 · 2025-11-28

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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1 WP No. 40674 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-11-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 40674 of 2025 AND WMP NO. 45598 OF 2025 Nethra.S Petitioner(s) Vs 1. State Of Tamilnadu Rep. By Its Principal Secretary to Government, Health And Family Welfare Department, Secretariat, Chennai-600 009 2.The Director Of Medical Education Kilpauk, Chennai-600 010 3.The Selection Committee Directorate of Medical Education and Research, MBBS/BDS Course (Management Quota) Session 2024-2025, Kilpauk, Chennai-600 010. 4.The Director Of Tribal Welfare https://www.mhc.tn.gov.in/judis 2 WP No. 40674 of 2025 Chepauk, Chennai-600 005. 5.The Dean St. Peters Medical College, Hospital And Research Institute Dr. Mgr Nagar, Opp. Sipcot Ii, Hosur, Krishnagiri District -635 130. ..Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to allow the petitioner to continue and complete the MBBS Course (2024-2025 to 2028- 2029) in respect No.5 Medical College without paying any tuition fees. For Petitioner(s): Mr.M.Radhakrishnan For Respondent(s): Mr.K.Tippusultan, Government Advocate for R1 & R2 Mrs.M.Sneha Special Counsel for R3 Mr.N.Naveen Kumar Government Advocate for R4 https://www.mhc.tn.gov.in/judis 3 WP No. 40674 of 2025 Mr.Abishek Jenasenan for R5 ORDER This writ petition has been filed for issue of writ of mandamus directing the respondents to permit the petitioner to continue and complete the MBBS Course in the 5 th respondent College without insisting for payment of any tuition fees. 2.When the writ petition came up for hearing on 05.11.2025, this Court passed the following order: Mr.Abishek Jenasenan, learned counsel, undertakes to file vakalath for the fifth respondent. 2. Learned Government Advocate appearing for the fourth respondent placed the written instructions received from the fourth respondent. https://www.mhc.tn.gov.in/judis 4 WP No. 40674 of 2025 3. On going through the same, it is seen that the following amounts have been sent to the fifth respondent: M khztu; bgau; tptu';fs; bjhif kw;Wk; bjhif brd;wile;j t';fp fzf;F vz;. t';fpapd; bgau; 2024?25 (First Year) v!;/nej;uh (guhkupg;g[ go) khztpapd; t';fpfzf;fpw;F U: 12000-06/03/2025 048310165242 India post payment fy;tp fl;lzk; (fy;Y}upapd; t';fpfzf;fpw;F) U: 6.00.000-?(25-07- 2025) 7162862855 Indian Bank CPS MS Transaction Id Payment Credit Status Credited on Credit Amount Favoring Paid to Account Bank Name C07251342 2771 NEFT Credit Success 25-07-2025 1050000 ST PETERS MEDICAL COLL HOSP AND RESEARC H INST TUITION FEE AC 7162862855 INDB 4. Learned counsel for the fifth respondent shall take instructions in this case. Post this writ petition on 12.11.2025. https://www.mhc.tn.gov.in/judis 5 WP No. 40674 of 2025 3.When the matter was again listed for hearing on 19.11.2025, on that day, the following order came to be passed by this Court: When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the 4th respondent produced the written instructions received from the 4th respondent. It is seen that the total amount of Rs.10,50,000/- which was credited towards fees in the account of the 5th respondent college covering two students viz., the petitioner and another student Mahalakshmi. The learned counsel submitted that what was paid towards course fee amount was Rs.6,00,000/- for the petitioner. 2.The learned counsel for the 5th respondent submitted that a total of Rs.21,50,000/- must be paid towards tuition fees and out of this, a sum of Rs.6,00,000/- has been paid by the 4 th respondent and the balance of Rs.15.50 lakhs is payable to the 5 th respondent college. The learned counsel submitted that either this amount has to be paid by the petitioner or by the official respondent. 3.The learned counsel for the petitioner brought to the notice of this Court the notification dated 07.11.2025 issued by the selection committee of the Directorate of Medical Education and Research. On going through the same, it is seen that all the Deans / Vice Principals of Self Financing Medical and Dental colleges have been instructed that candidates belonging to SC/SCA/ST/SCC of the State of Tamil Nadu ,whose parents annual income is https://www.mhc.tn.gov.in/judis 6 WP No. 40674 of 2025 less than 2.5 lakhs are exempted from payment of Application fee, Security Deposit, Tuition Fee and other non-refundable fee as fixed by the Fee Fixation Committee. The Committee has further stated that any deviation from these instructions will be viewed seriously and strict action will be initiated. 4.The learned counsel for the petitioner submitted that the petitioner was one of the eligible candidate for the scholarship. The petitioner was accommodated in the 5 th respondent college on a lapsed NRI quota. Therefore, whatever tuition fees and other fees is demanded by the 5 th respondent is not payable by the petitioner in view of the notification dated 07.11.2025. Hence, the 5 th respondent cannot insist that the petitioner must pay a sum of Rs.15.50 lakhs towards tuition fees. 5.On carefully considering the submission made on either side, it is seen that the entire case now hinges upon the scope of the notification dated 07.11.2025 issued by the Directorate of Medical Education and Research. 6.The learned Government Advocate appearing on behalf of the respondents 1 and 2 and the learned Government Advocate appearing on behalf of the 4 th respondent shall take instructions in this regard. 7.Post this case under the caption for orders on 24.11.2025. 4.The writ petition was again listed for hearing on 24.11.2025 and the following order came to be passed by this Court: https://www.mhc.tn.gov.in/judis 7 WP No. 40674 of 2025 Pursuant to the earlier order passed by this Court on 19.11.2025, the matter was listed for hearing today. 2. The learned Government Advocate appearing on behalf of fourth respondent produced a communication dated 04.08.2025, addressed to the Secretary to Government of India, Ministry of Tribal Affairs, New Delhi, by the fourth respondent. For proper appreciation, the said communication is scanned and extracted hereunder : https://www.mhc.tn.gov.in/judis 8 WP No. 40674 of 2025 https://www.mhc.tn.gov.in/judis 9 WP No. 40674 of 2025 https://www.mhc.tn.gov.in/judis 10 WP No. 40674 of 2025 3. This Court directed the learned Special Counsel appearing on behalf of the second and third respondent to take instructions on the purport of notification issued by the third respondent dated 07.11.2025, which makes it clear that the Self-Financing Colleges cannot demand any upfront fees from the students who are eligible for scholarships and students who belong to SC/SCA/ST/SCC, and any such demand from the institutions will result in initiating strict action. 4. The communication dated 04.08.2025 which was placed before this Court shows that for the medical courses (MBBS / MS /MD) a ceiling has been fixed at Rs.6.00 lakhs per annum, whereas the fees that is payable to the private institutions is Rs.21.50 lakhs. Therefore, the balance amount of Rs.15.50 lakhs is payable to the fifth respondent-College. Obviously, in view of the circular issued by the second respondent, this amount cannot be collected from the petitioner. At the same time, the fifth respondent-College https://www.mhc.tn.gov.in/judis 11 WP No. 40674 of 2025 cannot be deprived of this amount. Hence, necessary clarification on the above is required in order to enable this Court to pass final orders in this writ petition. Post this writ petition on 27.11.2025, under the same caption. 5.When the matter was taken up for hearing today, the learned Special Counsel appearing on behalf of the 2 nd respondent reiterated the instructions that were given in the Notification dated 07.11.2025. The learned Special Counsel specifically placed reliance upon the letter from the Director, Adi Dravidar Welfare, Chennai dated 21.10.2024, where, the Director has sought for making necessary amendments that all the SC/SCA/ST/SCC students securing admission under MBBS/BDS courses across all quotas with parental income below Rs.2.5 Lakhs, are exempt from paying the security deposit while downloading the allotment order. Pursuant to the same, yet another letter dated 22.10.2024 was addressed by the Director of Adi Dravidar Welfare to the Director of Medical Education, wherein, a clarification was sought for to exempt from payment of any upfront fee from any eligible candidate who get https://www.mhc.tn.gov.in/judis 12 WP No. 40674 of 2025 selected through the single window counselling for all the courses across all quotas. 6.In the light of the above clarification given by the learned Special counsel appearing on behalf of the Director of Medical Education, there shall be a direction to the 4 th respondent to follow up with the Secretary to Government of India, Ministry of Tribal Affairs, New Delhi, pursuant to the earlier communication dated 04.08.2025 and to ensure that the balance tuition fees to the extent of 15.50 Lakhs is paid by the concerned Department to the 5 th respondent as expeditiously as possible and not later than eight weeks from the date of receipt of copy of this order. It is made clear that the petitioner will not be made to pay any fees pursuant to the notification issued by the 3 rd respondent dated 07.11.2025. 7.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. https://www.mhc.tn.gov.in/judis 13 WP No. 40674 of 2025 28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis 14 WP No. 40674 of 2025 To 1.Principal Secretary To Government, State Of Tamilnadu Health And Family Welfare Department, Secretariat, Chennai-600 009 2.The Director Of Medical Education Kilpauk, Chennai-600 010 3.The Selection Committee Directorate Of Medical Education And Research, MBBS/BDS Course (management Quota) Session 2024-2025, Kilpauk, Chennai-600 010 4.The Director Of Tribal Welfare Chepauk, Chennai-600 005 5.The Dean St. Peters Medical College, Hospital And Research Institute Dr. Mgr Nagar, Opp. Sipcot Ii, Hosur, Krishnagiri District -635 130 https://www.mhc.tn.gov.in/judis 15 WP No. 40674 of 2025 N.ANAND VENKATESH J. ssr WP No. 40674 of 2025 https://www.mhc.tn.gov.in/judis 16 WP No. 40674 of 2025 28-11-2025 https://www.mhc.tn.gov.in/judis