HEPZHIPAH SURESH vs MINISTRY OF HEALTH AND FAMILY WELFARE

2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
W.P.Nos.24058, 26094, 19529, 22975, 24504 and 24856 of 2024
CNR:{HCMA011447242024}
AND
W.M.P.Nos.28501, 21373, 25045 and 27205 of 2024
W.P.No.24058 of 2024
Hepzhipah Suresh
… Petitioner
-vs-
1. Ministry of Health and Family Welfare,
rd th
3 & 4 Floor, Indian Red Cross Society
Building, No.1, Red Cross Road, Sansad
Marg Area, New Delhi - 110 001.
2. National Testing Agency
Rep. by its Senior Director,
I Floor, NSIC-MDBP Building,
Okhla Industrial Estate,
New Delhi - 110 020.
3. National Medical Commission
Rep. by its Secretary,
Pocket-14, Sector-8, Dwaraka,
Phase-1, New Delhi – 110 077.
… Respondents
W.P.No.19529 of 2024
CNR:{HCMA011207622024}
S.Trinica Stefanie
… Petitioner
-vs-
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
1. The Government of India,
Rep. by its Secretary,
Department of Health and Family Welfare,
Ministry of Health and Family Welfare,
Room No.348, ‘A’ Wing, Nirman Bhavan,
New Delhi - 110 011.
2. The Medical Counselling Committee (MCC)
Rep. by its Chairman D.G.H.S.
Ministry of Health & Family Welfare,
Government of India, Room No.348,
‘A’ Wing, Nirman Bhavan,
New Delhi - 110 011.
3. The Associate Dean for Graduate Medical
Education (ADGME),
Directorate General of Health Services,
Nirman Bhavan, New Delhi 110 001.
4. The National Medical Commission,
Rep. by its Chairperson,
Sector 8, Pocket 14, Phase-1,
Dwaraka, New Delhi - 110 077.
5. The Senior Director NEET (UG)
National Testing Agency,
C-20 1 A/8, Sector 62, IITK Outreach
Centre, Noida - 201 309.
… Respondents
W.P.No.22975 of 2024
CNR:{HCMA011400292024}
M.S.Susanna
… Petitioner
-vs-
1. The Government of India,
Rep. by its Secretary,
Department of Health and Family Welfare,
Ministry of Health and Family Welfare,
Room No.348, ‘A’ Wing, Nirman Bhavan,
New Delhi - 110 011.
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
2. The Medical Counselling Committee (MCC)
Rep. by its Chairman D.G.H.S.
Ministry of Health & Family Welfare,
Government of India, Room No.348,
‘A’ Wing, Nirman Bhavan,
New Delhi - 110 011.
3. The Associate Dean for Graduate Medical
Education (ADGME),
Directorate General of Health Services,
Nirman Bhavan, New Delhi 110 001.
4. The National Medical Commission,
Rep. by its Chairperson,
Sector 8, Pocket 14, Phase-1,
Dwaraka, New Delhi - 110 077.
5. The Senior Director NEET (UG)
National Testing Agency,
C-20 1 A/8, Sector 62, IITK Outreach
Centre, Noida - 201 309.
… Respondents
W.P.No.24504 of 2024
CNR:{HCMA011496582024}
Shyam
Rep. by His Father, Nagaraj
… Petitioner
Vs
1. The National Testing Agency
Rep. by its Senior Director,
I Floor, NSIC-MDBP Building,
Okhala, Industrial Estate,
New Delhi – 110 020.
2. National Medical Commission
Satarkta Bhawan, G.P.O.Complex,
Block A, INA, New Delhi – 110 023.
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
3. The Medical Counseling Committee
Allottment Process - Counseling,
Directorate General of Health Service,
Ministry of Health and Family Welfare,
Government of India, Nirman Bhavan,
Maulana Azad Road, New Delhi – 110 001.
… Respondents
W.P.No.24856 of 2024
CNR:{HCMA011557762024}
A.S.Kreventica
… Petitioner
Vs
1. The Government of India,
Rep. by its Secretary,
Department of Health and Family Welfare,
Ministry of Health and Family Welfare,
Room No.348, ‘A’ Wing, Nirman Bhavan,
New Delhi - 110 011.
2. The Medical Counselling Committee (MCC)
Rep. by its Chairman D.G.H.S.
Ministry of Health & Family Welfare,
Government of India, Room No.348,
‘A’ Wing, Nirman Bhavan,
New Delhi - 110 011.
3. The Associate Dean for Graduate Medical
Education (ADGME),
Directorate General of Health Services,
Nirman Bhavan, New Delhi 110 001.
4. The National Medical Commission,
Rep. by its Chairperson,
Sector 8, Pocket 14, Phase-1,
Dwaraka, New Delhi - 110 077.
5. The Senior Director NEET (UG)
National Testing Agency,
C-20 1 A/8, Sector 62, IITK Outreach
Centre, Noida - 201 309.
… Respondents
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
W.P.No.26094 of 2024
CNR:{HCMA011624872024}
Minor V.Mathidharshini
Rep. by Her Father and Natural Guardian,
M.Velmurugan, S/o.S.Muthiah
… Petitioner
-vs-
1. The Government Of India
Rep. by its Secretary,
Ministry of Ayush, EP(IM-2),
Ayush Bhavan, ‘B’ Block,
GPO Complex, INA, New Delhi – 110 023.
2. All India Ayush Admissions Central
Counselling Committee,
Rep. by its Chairman,
Ministry of Ayush, EP(IM-2),
Ayush Bhavan, ‘B’ Block,
GPO Complex, INA, New Delhi – 110 023.
3. National Testing Agency
(Government Agency),
Rep. by its Chairman, IITK Outreach
Centre, C.20, 1A/8, “C” Block, Phase-2,
Industrial Area, Sector 62, Noida,
Uttar Pradesh – 201 309.
… Respondents
Prayer in W.P.No.24058/2024: Writ Petition filed under Article 226 of the
nd
Constitution of India, directing the 2 respondent to consider the
petitioner’s representation dated 21.06.2024 and to declare the
petitioner as qualified in National Eligibility-cum-Entrance Test (UG) –
2024, based on the marks secured by the petitioner in the Other
Backward Class (OBC) category.
W.P.No.19529 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
directing the Respondents to forthwith change the category of the
petitioner from General to OBC (Other Backward Class) in the
Petitioner’s Application No.240410333573 and Roll No.2712120092 for
NEET (UG) - 2024 and consequently permit her to participate in the
(UG) counselling for MBBS / BDS - 2024
W.P.No.22975 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
directing the respondents to forthwith change the category of the
petitioner from General to OBC (Other Backward class) in the
petitioner’s Application No.240410314583 (Roll No.4101350353) for
NEET ( UG) - 2024 and consequently permit her to participate in the
(UG) counselling for MBBS / BDS – 2024.
W.P.No.24504 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
directing the respondents to change the community status of the
petitioner’s son, namely, Shyam, Application No. 240411627591 and
Roll No. 4102020396 for the NEET (UG) 2024 - 2025 from General
Category to OBC based on the representation dated 22.07.2024.
W.P.No.24856 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
directing the Respondents to forthwith change the category of the
petitioner from General to OBC (Other Backward Class) in the
Petitioners Application No 240410788296 and Roll No.4121030572 for
NEET (UG) - 2024 and consequently permit her to participate in the
(UG) counselling for MBBS / BDS – 2024.
W.P.No.26094 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
directing the respondents to forthwith change the category of the
petitioner from General to OBC (Other Backward Class) in the
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
Petitioner’s Application No.240411320100 and in the Roll No.
4102010006, for NEET (UG) - 2024, and consequently permit the
petitioner to participate in the (UG) Counselling for BHMS - 2024.
Case No. For Petitioners For Respondents
W.P.No.24058 of 2024 No Representation Mr.AR.L.Sundaresan, ASG
Assisted by Ms.Sunita Kumar for R2
Mr.K.Srinivasamurthy, SPC for R1
No Appearance for R3
W.P.No.19529 of 2024 Mr.K.Selvaraj Mr.AR.L.Sundaresan, ASG
Assisted by Mr.K.Srinivasamurthy,
SPC for R1 to R3
Ms.Sunita Kumar for R5
No Appearance for R4
W.P.No.22975 of 2024 Mr.K.Selvaraj Mr.AR.L.Sundaresan, ASG
Assisted by Mr.K.Srinivasamurthy,
SPC for R1 to R3
Ms.Sunita Kumar for R5
No Appearance for R4
W.P.No.24504 of 2024 No Representation Mr.AR.L.Sundaresan, ASG
Assisted by Ms.Sunita Kumar for R1
Mr.K.Srinivasamurthy, SPC for R3
No Appearance for R2
W.P.No.24856 of 2024 Mr.K.Selvaraj Mr.AR.L.Sundaresan, ASG
Assisted by Mr.K.Srinivasamurthy,
SPC for R1 to R3
Ms.Sunita Kumar for R5
No Appearance for R4
W.P.No.26094 of 2024 Mr.K.Selvaraj Mr.AR.L.Sundaresan, ASG
Assisted by Mr.K.Srinivasamurthy,
SPC for R1 & R2
Ms.Sunita Kumar for R3
*
C O M M O N O R D E R
(Order of the Court was made by S.M.Subramaniam,J.)
The present lis on hand have been instituted, seeking a
direction to the respondents to forthwith change the category of
petitioners from "General" to "OBC".
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
2. Facts as stated by petitioner in W.P.No.22975/2024:
i) The petitioner belongs to Backward Class community. She
is a meritorious sports woman in the game of Ball Badminton. She had
passed Higher Secondary examination in the year 2023 and submitted
an on-line application to participate in NEET UG-2024 examination. She,
though belongs to Other Backward Class (OBC) category, she has
wrongly uploaded her category as “General” instead of “OBC”. In the
NEET examination, she has scored 155 marks out of 720 and did not fall
within the cut off mark applicable to “General” category.
ii) Petitioner has filed the present writ petition on the ground
that she belongs to OBC category and cut off mark for OBC is 129 to
163. Since she secured 155 marks in the NEET examination, she must
be permitted to participate in the Counseling treating her category as
“OBC”.
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
3. Mr.K.Selvaraj, learned counsel for the petitioner would
mainly contend that petitioner has mistakenly uploaded in the on-line
application that she belongs to “General” category instead of “OBC”.
However, petitioner is in possession of OBC certificate and therefore,
her case has to be treated as “OBC”, so as to enable her to participate in
the admission Counseling. He would further contend that even if
petitioner has been treated as “OBC”, her All India Ranking will not
change and she may get a seat in management quota. Similar case was
considered by a Division Bench of this Court in W.A.Nos.1109 and 1110
of 2020 and by virtue of interim order dated 11.12.2020, category of writ
petitioners therein was changed and they also secured admissions.
Similar benefit has to be extended to writ petitioners herein. He would
1
rely on a judgment in the case of Dolly Chhanda vs. Chairman, JEE ,
wherein Apex Court considered the scope of condoning mistakes
committed while filling up applications by candidates. The ratio laid down
in Dolly Chhanda’s case is to be adopted in the present case for
granting the relief.
4. Mr.AR.L.Sundaresan, learned Additional Solicitor General
of India, would oppose, by stating that instructions given to candidates in
the bulletin are crystal clear. Under several clauses, it has been
1
(2005) 9 SCC 779
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
reiterated that particulars and details given by candidates through on-
line application cannot be altered or modified and any subsequent
corrections or modifications will not be entertained by Authorities.
Candidates are expected to be careful while filling up on-line
applications. That apart, two opportunities were granted to candidates to
rectify errors or mistakes, if any committed while filling up on-line
application. After completion of application process, expiry of the date
and publication of results, candidates can at no circumstances be
permitted to alter or modify errors in the on-line application and in the
event of entertaining such application, it would unsettle the selection
process, which is being conducted on All India basis.
5. This Court has considered the rival submissions made
between parties to lis .
6. Facts are not seriously disputed between parties. The
issue to be considered is as to whether a candidate, who participated in
the NEET examination, may be permitted to correct the details /
information provided on the on-line application, after expiry of the period
granted for such corrections.
7. Let us now consider the information bulletin, wherein
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
instructions have been provided to candidates participating in NEET UG
examination. Relevant Clauses (including Note portions) provide
following instructions:
“7*
Note:
*
Once finally submitted, particulars in certainspecific
fields may be changed only during the correction window.
After that, no communication in this regard would be
entertained.
*
The details filled by the candidate like candidate
category, phone number, and email, etc. in NEET (UG) -
2024 application will be used for the purpose of all India
quota seats counselling. No request for change in
candidate category at the time of all India quota seats
counselling will be entertained by the counselling authority
designated by the Central Government.
7.4. Check List for filling the Online Application Form
The candidates are advised to ensure the following points
before submitting the Online Application Forms:
(i) & (ii)
(iii) That they have selected their category viz General /
General-EWS / OBC-NCL (Non-Creamy Layer) / SC/ST
correctly.
10. Information provided by the candidates in their
respective online Application Forms, like, as the name of
the candidate, contact details, address details, category,
PwBD status, educational qualification details, date of
birth, choice of exam cities, etc. will be treated as final.
Any request for change in such particulars will not be
considered by NTA under any circumstances.
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
11. NTA does not edit/modify/alter any information
entered by the candidates after completion of the
application process under any circumstances. Any
request for change in information thereafter will not be
entertained. Therefore, candidates are advised to
exercise utmost caution before filling up the correct details
in the Application Form.
12. NTA disclaims any liability that may arise to a
candidate(s) due to incorrect information provided by
him/her in his/her online Application Form.
20 *
Note:
1. All Candidates shall ensure that the information
(like his/her name, mother's name, father's name, gender,
date of birth, category, PwBD status, mobile number, e-
mail address, photographs, Left and Right hand Fingers
and Thumb impression, and signature, choice of cities for
exam Centre, etc.) provided by them in their online
Application Form is correct and their own. Candidates are
advised to exercise the utmost care in filling up correct
details in the Online Application Form. Any request for
change in the particulars and uploaded scanned images
at any stage will not be considered by NTA under any
circumstances. NTA will not entertain the corrections sent
by the candidate through Post/Fax/WhatsApp/E-mail/by
Hand.
8. De hors clear instructions provided to candidates in the
information bulletin, two public notices were issued on 13.03.2024 and
10.04.2024. Through public notices, opportunities were granted to
candidates to correct or modify errors / details in their on-line application
forms for NEET UG-2024. The date and time was also provided to carry
out such corrections through on-line by candidates. Admittedly, writ
petitioners had not availed the facility provided for correcting / modifying
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
details or errors in on-line application forms.
9. Writ Petitions have been instituted after publication of
results. Regarding interim order of Division Bench relied upon by writ
petitioners, learned Additional Solicitor General of India drew the
attention of this Court that category was changed in that particular case
based on the interim orders passed by Division Bench on 11.12.2020 in
W.A.Nos.1109 and 1110 of 2020. However, final order has been passed
in the said Writ Appeals on 08.04.2021, disposing of the same as
infructuous based on the submissions made on behalf of parties.
Therefore, the said interim order need not be followed as precedent for
unsettling the process of NEET examination concluded and results
published.
10. Issue regarding correction / modification of errors in on-
line applications at the later point of time by candidates is no more res
integra . A Division Bench of Madurai Bench of Madras High Court in the
case of The Chairperson, National Testing Agency, Noida and
2
another vs. Minor M.Vikram Balaji and 3 Others , considered the
issue and made following findings:
8.The writ petitioner sought for changing his communal
2
W.A.(MD) No.739 of 2019 decided on 22.07.2019
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
category in the application submitted for the NEET
examination. Admittedly, such request is made by the
petitioner after the declaration of the results. It is seen that
the authorities have provided two opportunities for the
candidates, to make necessary corrections in the on-line
application, if any, one before the examination and another,
after the examination, however, before declaration of the
results. It is an admitted fact that the writ petitioner has not
chosen to utilise both the opportunities and however, has
made the request for challenging the communal category,
after the declaration of the results. We find that the petitioner
is not entitled to make such request, as such request, if
considered and permitted, would certainly affect the All India
merit ranking list, as rightly contended by the learned
Assistant Solicitor General. Therefore, we find that the writ
Court is not justified in issuing a direction as granted in this
case. Even otherwise, the fact remains that the petitioner, in
pursuant to the order passed by the writ Court, seems to
have not become successful before the counselling, even
under the SC category.”
11. In the case of B.Manjamma Devi vs. The Director
3
General of Health Services, New Delhi-110 and 3 Others , a Division
Bench of this Court, while disposing of Writ Appeal seeking similar relief
as such sought for in the present writ petitions, passed following order:
“6. It is not disputed by the learned counsel for the
appellant that after the forms were filled in, public notice was
also issued permitting the candidates to make corrections in
the forms. The corrections were permitted from 8th April to
10th April 2023. However, corrections were not made.
Subsequently, admission process commenced. The
appellant could not secure the bench mark for the general
category. As such, the name of the appellant did not appear
in the list of candidates to be considered under the general
category. Thereafter, the appellant it appears realized that
the appellant could get admission from the OBC in the
3
W.A.No.2602 of 2023 decided on 25.09.2023
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
central quota and as such, it appears that the appellant
applied for admission from OBC category. At that time first
round was over. The writ petition was filed before the
learned Single Judge. The learned Single Judge under
order dated 30.08.2023 dismissed the writ petition. Though
the judgment was passed on 30.08.2023, the appellant filed
the writ appeal only on 20.09.2023. Thereby allowing three
weeks to pass by. All the rounds are already completed.
Now the last date for admission from the management
quota remains.”

12. Hon’ble Supreme Court of India in the case of State of
4
Tamil Nadu vs. G.Hemalathaa , held as follows:
“8...The Instructions issued by the Commission are
mandatory, having the force of law and they have to be
strictly complied with. Strict adherence to the terms and
conditions of the Instructions is of paramount importance.
The High Court in exercise of powers under Article 226 of
the Constitution cannot modify/relax the Instructions issued
by the Commission.”
The observations made in the case of Hemalatha’s case (supra) are
made by the Apex Court relying on the observations made in the case of
5
Dr.M.Vennila vs. Tamil Nadu Public Service Commission .
13. Regarding the reliance made on behalf of petitioners on
the principles laid down in Dolly Chhanda’s case , alteration or
correction of communal status cannot be construed as trivial in nature
and therefore, relief, if any granted for correction of communal status
4
(2020) 19 SCC 430
5
2006 (3) CTC 449
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
would undoubtedly result in larger repercussion, more specifically in All
India Level examination conducted, wherein students from all over
Country participated in the examination. This is exactly the reason why
instruction given to candidates provides that utmost care should be
taken while filling up on-line application. In more than one place, such
instructions are reiterated for the benefit of candidates and beyond
instructions, two more opportunities were granted in the present case for
correction of details / modification of errors in the on-line application,
which were not availed by petitioners in the present case.
14. In the case of Dolly Chhanda , which is relied on, Apex
Court held that certain minor mistakes, which are condonable may be
condoned by Court, but this cannot be universally applied in all cases,
where competitive examinations are conducted by All India Level
Agencies. Applying principles laid down in Dolly Chhanda’s case in
National level examinations, where students from all over Country
participate would not only result in bad precedent, but several such
similarly placed candidates, who committed mistakes may frequently
approach Courts and it would result in unsettling All India basis
selection.
15. A Division Bench of this Court in the case of B.Ajith
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
Kumar vs. The Registrar General, High Court of Madras, Chennai
6
and another , settled legal position that instructions and Rules
applicable for examinations conducted by Public Service Commission
will have force of law and binding on candidates participated in the
selection process. Violation of instructions would result in rejection of
candidature or answer sheet, as the case may be. Any misplaced
sympathy would infringe the rights of other candidates, who have
followed instructions scrupulously.
16. In this context, Hon’ble Supreme Court of India in the
7
case of Ran Vijay Singh and others vs. State of U.P. and others ,
held as follows:
“31. On our part we may add that sympathy or
compassion does not play any role in the matter of directing or
not directing re-evaluation of an answer sheet. If an error is
committed by the examination authority, the complete body of
candidates suffers. The entire examination process does not
deserve to be derailed only because some candidates are
disappointed or dissatisfied or perceive some injustice having
been caused to them by an erroneous question or an
erroneous answer. All candidates suffer equally, though some
might suffer more but that cannot be helped since
mathematical precision is not always possible. This Court has
shown one way out of an impasse – exclude the suspect or
offending question.”
17. Considering the legal principles reiterated in respect of
6
W.P.Nos.30309, 30398, 30504 and 31034 of 2023 dated 31.10.2023
7
2017 INSC 1209
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
All India Level Examinations, Public Service Commissions or
Competitive Examinations, Constitutional Courts held that misplaced
sympathy would result in infringement of rights of several meritorious
candidates, who may lose opportunity. That apart, instructions given to
candidates are to be construed as mandatory and errors committed
cannot be a ground to grant relief for such candidates after completion of
process of examination or selection.
18. In view of the facts and circumstances of the case as well
as legal principles as considered in the afore-mentioned paragraphs, this
Court does not find any merit to consider the relief as such sought for in
the writ petitions.
Consequently, the present Writ Petitions are dismissed. No
costs. Connected Miscellaneous Petitions are closed.

(S.M.S.,J.) (R.R.V.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AR
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
To:
1. The Secretary,
Ministry of Health and Family Welfare,
rd th
3 & 4 Floor, Indian Red Cross Society Building,
No.1, Red Cross Road, Sansad Marg Area,
New Delhi - 110 001.
2. The Senior Director,
National Testing Agency
I Floor, NSIC-MDBP Building,
Okhla Industrial Estate,
New Delhi - 110 020.
3. The Secretary,
National Medical Commission
Pocket-14, Sector-8, Dwaraka,
Phase-1, New Delhi – 110 077.
4. The Chairman D.G.H.S
Medical Counselling Committee (MCC)
Ministry of Health & Family Welfare,
Government of India, Room No.348,
‘A’ Wing, Nirman Bhavan, New Delhi - 110 011.
5. The Associate Dean for Graduate
Medical Education (ADGME),
Directorate General of Health Services,
Nirman Bhavan, New Delhi 110 001.
6. The Senior Director NEET (UG)
National Testing Agency,
__________
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
C-20 1 A/8, Sector 62, IITK Outreach Centre,
Noida - 201 309.
__________
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2026:MHC:4442
W.P.Nos.24058 of 2024, etc., batch
S.M.SUBRAMANIAM,J.
AND
R.RAJESH VIVEKANANTHAN,J.
AR
W.P.Nos.24058, 26094, 19529, 22975,
24504 and 24856 of 2024
28-10-2026
__________
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