Madras High Court Allows Appeal by Union Government Against Direction to Conduct Additional Mop-Up Counselling for NEET SS 2024-25. Court Holds That Conducting Additional Counselling Rounds Would Violate the Statutory Scheme and Timelines Prescribed Under the Post Graduate Medical Education Regulations, 2023.

High Court: Madras High Court In Favour of Prosecution
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Case Note & Summary

The case pertains to a writ appeal filed by the Union of India and other authorities against an order of a learned Single Judge of the Madras High Court. The Single Judge had directed the authorities to conduct an additional mop-up counselling round for NEET SS 2024-25 to fill unfilled super-specialty seats. The writ petitioners, three doctors who had appeared for NEET SS 2024, sought this direction to ensure optimal seat utilization and fairness. The Division Bench, comprising the Chief Justice and Justice G. Arul Murugan, heard the appeal. The appellants argued that the counselling process was conducted strictly in accordance with the Post Graduate Medical Education Regulations, 2023, which prescribe only specific rounds: Round 1, Round 2, and a mop-up round. They contended that an additional round would violate the statutory scheme and cause administrative chaos. The respondents argued that unfilled seats should be filled to avoid wastage and that the Single Judge's order was just and equitable. The court analyzed the regulations and found that the scheme does not provide for an additional round beyond the mop-up round. It held that the Single Judge's direction interfered with the finality of the admission process and could lead to inequality among candidates. The court allowed the appeal, set aside the Single Judge's order, and dismissed the writ petition. The decision emphasizes that courts should not interfere with policy decisions regarding counselling rounds unless there is clear arbitrariness or violation of law.

Headnote

A) Medical Law - NEET SS Counselling - Additional Mop-Up Round - Post Graduate Medical Education Regulations, 2023 - The issue was whether the court could direct an additional counselling round after the scheduled process was completed. The Division Bench held that the statutory scheme under the Regulations does not contemplate an additional round beyond the stipulated mop-up round, and that the Single Judge's direction interfered with the finality of the admission process. (Paras 2-10)

B) Administrative Law - Judicial Review - Policy Decisions - The court held that the decision to conduct counselling rounds is a policy matter within the domain of the Medical Counselling Committee and the National Medical Commission, and courts should not ordinarily interfere unless there is arbitrariness or violation of statutory provisions. (Paras 11-15)

C) Constitutional Law - Right to Equality - Article 14 - The court observed that directing an additional round would create inequality among candidates who had already accepted seats or were left out in earlier rounds, and would unsettle the settled admissions. (Paras 16-20)

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Issue of Consideration

Whether the learned Single Judge was justified in directing the authorities to conduct an additional mop-up counselling round for NEET SS 2024-25 after the completion of the scheduled counselling process.

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Final Decision

The appeal is allowed. The order dated 18.9.2025 passed by the learned Single Judge in W.P.No.35939 of 2025 is set aside. Consequently, the writ petition is dismissed. No costs. Connected miscellaneous petition is closed.

Law Points

  • Statutory interpretation
  • Medical admissions
  • Counselling rounds
  • Seat utilization
  • Finality of admission process
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Case Details

2026 LawText (MAD) (02) 337

W.A.No.200 of 2026 and C.M.P.No.1806 of 2026

2026-02-03

Manindra Mohan Shrivastava, Chief Justice, G.Arul Murugan, J.

2026:MHC:559

Mr. AR.L.Sundaresan, Addl. Solicitor General of India assisted by Mr.N.Sivaprakash, SCGSC for appellants; Mr. P.V.Balasubramaniam, Senior Counsel for Mr.Vikram Veerasamy for R1 to R3; Mrs.M.Sneha, Special Counsel for R4 and R5

1.The Under Secretary to Government, Ministry of Health and Family Welfare, Government of India, New Delhi; 2.The National Medical Commission, Rep. by its Secretary, New Delhi; 3.The Director General of Health Service, Ministry of Health and Family Welfare, Government of India, New Delhi; 4.The Medical Counselling Committee, Rep. by its Secretary, New Delhi

1.Dr.Ajitha; 2.Dr.Preethi T R; 3.Dr.Navaneetham G; 4.The Directorate of Medical Education, Rep. by the Deputy Director of Medical Education, Chennai; 5.The Selection Committee, Rep. by its Secretary, Chennai

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Nature of Litigation

Writ appeal against order of Single Judge directing additional mop-up counselling round for NEET SS 2024-25.

Remedy Sought

Appellants sought to set aside the Single Judge's order directing conduct of additional mop-up counselling.

Filing Reason

The Single Judge directed the authorities to conduct an additional mop-up counselling round, which the appellants contended was beyond the statutory scheme.

Previous Decisions

The learned Single Judge in W.P.No.35939 of 2025 dated 18.9.2025 directed the third and fourth respondents to conduct additional mop-up counselling and complete admissions within four weeks.

Issues

Whether the Single Judge was justified in directing an additional mop-up counselling round beyond the statutory scheme. Whether the court can interfere with the policy decision of the Medical Counselling Committee regarding the number of counselling rounds.

Submissions/Arguments

Appellants argued that the counselling process was conducted as per the Post Graduate Medical Education Regulations, 2023, which do not provide for an additional round beyond the mop-up round. Respondents argued that unfilled seats should be filled to ensure optimal utilization and that the Single Judge's order was equitable.

Ratio Decidendi

The statutory scheme under the Post Graduate Medical Education Regulations, 2023 does not contemplate an additional counselling round beyond the mop-up round. The Single Judge's direction to conduct an additional round interfered with the finality of the admission process and the policy decision of the authorities, and was therefore unsustainable.

Judgment Excerpts

This appeal is directed against the order dated 18.9.2025 passed by the learned Single Judge, whereby the writ petition filed by the private respondents/writ petitioners seeking direction to conduct an additional mop-up counselling round for NEET SS 2024-25... was disposed of with a direction to the third and fourth respondents in the writ petition to conduct additional mop-up counselling and complete the admission process within a period of four weeks. The statutory scheme under the Post Graduate Medical Education Regulations, 2023 does not contemplate an additional round beyond the mop-up round.

Procedural History

The writ petitioners filed W.P.No.35939 of 2025 before the Madras High Court seeking direction for additional mop-up counselling. The learned Single Judge allowed the petition on 18.9.2025. The Union of India and other authorities filed the present writ appeal under Clause 15 of the Letters Patent against that order. The Division Bench heard the appeal and delivered judgment on 03.02.2026.

Acts & Sections

  • Post Graduate Medical Education Regulations, 2023:
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