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2026 DAILYLAW 62772 (MAD)

Minor.Angella Sharon v. The Union of India

WP(MD)/23695/2026 · 2026-08-14

C Saravanan

Transfer Petitionbody2026

Judgment text

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W.P.(MD) No.23695 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.23695 of 2026 and W.M.P.(MD) Nos.17627 & 17628 of 2026 Minor.Angella Sharon Rep. by her Mother Dr.Prathiba Rajesh F ... Petitioner Vs. 1.The Union of India, Represented by it Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi. 2.The National Medical Commission, Represented by its Secretary, Pocket-14, Sector-8, Dwarka, New Delhi - 110 077. 3.The Director, Directorate of Medical Education and Research, College Road, Chennai - 600 006. 4.The Additional Director, Directorate of Medical Education and Research, College Road, Chennai - 600 006. _____________ Page No. 1 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 5.The Secretary, The Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to include the petitioner (Application No. 26UG933012) in the list of NRI eligible candidates for admission to the Tamil Nadu State MBBS NEET - UG Counselling 2026 - 2027 and permit her to participate in the counselling rounds of Tamil Nadu MBBS NEET - UG 2026 2027 under NRI quota for admission to the MBBS Course 2026 - 2027 For Petitioner : Mr.Issac Mohanlal Senior Counsel for M/s.Issac Chambers For R1 & R2 : Mr.M.Karthikeya Venkitachalapathy Deputy Solicitor General of India (i/c.) For R3 to R5 : Mr.P.Raja Gopalan Additional Government Pleader ***** O R D E R This Writ Petition is being disposed of at the time of admission, after hearing the learned Senior Counsel for the petitioner, the learned Deputy Solicitor General of India (i.c.) appearing for the first and second _____________ Page No. 2 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 respondents and the learned Additional Government Pleader appearing for the third to fifth respondents. 2. The petitioner appears to have submitted an application against NRI Quota pursuant to the Prospectus issued by the Selection Committee of the Directorate of Medical Education and Research, Kilpauk, Chennai, for admission to the MBBS/BDS Degree Courses under the Management Quota, including Minority/NRI Seats, in Self-Financing Medical/Dental Colleges in Tamil Nadu affiliated to the Tamil Nadu Dr. M.G.R. Medical University and State Private University Medical Colleges for the 2026-2027 academic session, in accordance with G.O.(D) No.695, Health and Family Welfare (MCA-1) Department, dated 12.06.2026, as amended from time to time. 3. There is no doubt that the petitioner uploaded the application before the last date prescribed, namely, 07.08.2026 (initially 27.07.2026, which was extended twice and finally extended to 07.08.2026). The case of the petitioner is that the petitioner has satisfied the criteria stipulated in Clauses 9(h) and 9(i) of the aforesaid Prospectus. It is submitted that the petitioner's maternal aunt, who is an NRI, is the holder of an OCI Card issued under Section 7A of the Citizenship Act, 1955, which was _____________ Page No. 3 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 uploaded at the time of submission of the application on 27.07.2026. It is further submitted that subsequently, the petitioner obtained the NRI status of the petitioner's maternal aunt as a financial supporter, issued by the Indian Embassy in Chicago, United States of America, which was also uploaded on 07.08.2026. The time for uploading the said document was subsequently extended until 12.08.2026 by Notification dated 11.08.2026. 4. The learned Senior Counsel for the petitioner would submit that even if there was a delay in uploading the financial status certificate, this Court had, on an earlier occasion, intervened and directed the respondents to accept the application. In this connection, reference is made to the order passed by this Court in H.S.Jasmin Ruja v. The Union of India, represented by its Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi and others, namely, the respondents herein, and the Registrar, Tamil Nadu Dr. M.G.R. Medical University, Chennai, dated 01.08.2025 in W.P.(MD) No.21097 of 2025. Specific reference is made to paragraphs 13 to 17 thereof, which read as follows: “13. Further, an attention was also drawn to W.P.(MD)No.21533 of 2024 in the matter of Shreeya Suresh Prabu vs. The Union of India and others, wherein this Court, by order dated 11.09.2024, dealt with a similar issue. _____________ Page No. 4 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 14. I have carefully considered the submissions advanced by the learned counsel for the both parties, as well as the decisions cited by them. I have also perused the documents filed by the petitioner, which indicate that although 29.06.2025 was stipulated as the last date for registration, the fifth respondent has, pursuant to this Court's directions, included candidates even after the prescribed deadline, including those who filed belated credentials against respective quotas. 15. Be that as it may, considering the fact that the petitioner has secured 320 marks out of 720 marks in the NEET qualifying examination, I am of the view that the petitioner deserves an opportunity, notwithstanding the belated submission of credentials beyond the deadline stipulated in the Web Notification issued by the fifth respondent. 16. That being so and in the light of this Court's intervention as late as 11.09.2024 in the case of Shreeya Suresh Prabu at the fag end of the counseling period, I am inclined to direct the fifth respondent to accept the petitioner's application under the Management Quota [NRI Quota]. However, the petitioner's application and admission shall be subject to verification of the credentials of the documents subsequently uploaded by her. In the event, the documents are found to be genuine and the petitioner otherwise meets the eligibility criteria, admission may be granted; failing which, the application shall be rejected. Accordingly, the respondents are directed to permit the petitioner to participate in the first round of counseling scheduled to commence on 04.08.2025. 17. The Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.” _____________ Page No. 5 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 5. The learned Additional Government Pleader appearing for the third to fifth respondents, on the other hand, submits that the application uploaded by the petitioner on 27.07.2026 ought to have been complete in all respects and that only thereafter the question of shortlisting the candidate for counselling would arise. It is submitted that the portal was closed on 07.08.2026 and therefore, the request of the petitioner cannot be accepted. That apart, it is submitted that the petitioner has submitted an affidavit of the petitioner's aunt, which is stated to have been executed before the Consulate General of India at Chicago on 20.07.2026, wherein it has been stated that the petitioner's aunt is a U.S. national. It is further submitted that the affidavit itself discloses that the petitioner's aunt, who is stated to be the financial supporter of the petitioner, is not an NRI. 6. The learned Senior Counsel for the petitioner, on the other hand, submits that the said affidavit was uploaded and acknowledged by the fifth respondent and that the petitioner's application under the NRI Quota has been rejected as being not eligible, with the following remarks:- _____________ Page No. 6 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 7. The learned Additional Government Pleader appearing for the third to fifth respondents submits that the petitioner's application will be considered on merits and in accordance with law and thereafter disposed of, subject to the petitioner producing the documents prescribed in the Prospectus. 8. Recording the same, this Writ Petition stands disposed of by directing the respondents to consider the petitioner's candidature under the _____________ Page No. 7 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 NRI Quota, subject to the petitioner satisfying the criteria prescribed in the Prospectus. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 14.08.2026 JEN NCC : Yes / No Index : Yes / No Issue Order copy on 14.08.2026 To 1.The Secretary, Union of India, Ministry of Health and Family Welfare, Government of India, New Delhi. 2.The Secretary, National Medical Commission, Pocket-14, Sector-8, Dwarka, New Delhi - 110 077. 3.The Director, Directorate of Medical Education and Research, College Road, Chennai - 600 006. 4.The Additional Director, Directorate of Medical Education and Research, College Road, Chennai - 600 006. 5.The Secretary, The Selection Committee, Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, _____________ Page No. 8 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 Kilpauk, Chennai - 600 010. _____________ Page No. 9 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) No.23695 of 2026 C.SARAVANAN, J. JEN W.P.(MD) No.23695 of 2026 14.08.2026 _____________ Page No. 10 of 10 https://www.mhc.tn.gov.in/judis