M/s. Nethanya U vs The Director General of health services,

WP No. 42300 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 4/11/2026
Pronounced on : 5/11/2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 42300 of 2026
CNR:{HCMA012488942026}
AND
WMP NO. 47530, 47532, 47533 and 50339 of 2026,
M/s. Nethanya U
D/o Mr.R.Umapathy
12/13, 13th Street,
Jai Nagar,
Arumbakkam,
Chennai 600 106
..Petitioner(s)
Vs
1. The Director General of health services,
Directorate General of Health Services,
Ministry of Health and Family Welfare,
Nirman Bhawan,
Maulana Azad Road,
New Delhi 110011.
2. The Secretary,
Medical Counselling Committee (MCC),
Directorate General of Health Services,
Ministry of Health and Family Welfare,
1st Floor, National Medical Library (NML)
Building,
Ansari Nagar, Ring Road, Near AIIMS,
New Delhi 110029.
..Respondent(s)
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WP No. 42300 of 2026
Prayer: Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of certiorarified mandamus to call for the
records on the file of the 2ndrespondent pertaining to the notification dated
27.05.2026 in Ref.U-11011/07/2025-MEC in so far as clause 3(d) and (e) and
quash the same and consequently direct the 2nd Respondent to permit me to
upload documents and permit me to participate in the PG NEET counselling for
the academic year 2026-2027 without insisting on production of proof as per
clause 3(d) and (e) of the notification dated 27.05.2026 in
Ref.U-11011/07/2025-MEC and pass
For Petitioner(s): Ms.M. Sneha
For Respondent(s): Mr.AR.L.Sundaresan
ASGOI
for Mr.K.Srinivasamurthy
SPCCG
- - - - -
Order
This writ petition has been filed to quash Clauses 3(d) and (e) of the
Notification dated 27/5/2026 and, consequently, to direct the second respondent
to permit the petitioner to upload documents and participate in NEET PG
counselling for the academic year 2026–2027 without insisting on the
production of proof under the said clauses of the Notification bearing Ref.
U-11011/07/2025-MEC.
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WP No. 42300 of 2026
2. The case of the petitioner, in a nutshell, is as follows:
The petitioner, who has completed her MBBS, appeared under the
General Category for the NEET PG entrance examination for the academic year
2026–2027, conducted on 30th August, 2026. The results were declared on
24/9/2026. The petitioner secured 298 marks and an All India Rank of 109233
and was eligible for admission to a postgraduate medical course for the
academic year 2026–2027.
3. The schedule for PG All India Quota counselling was uploaded on the
second respondent’s official website on 7/10/2026. The petitioner sought
consideration under the NRI quota on the ground that her paternal uncle, Mr.
Murali Ramadas, an Overseas Citizen of India (OCI) residing in the USA, had
agreed to sponsor her postgraduate medical education. On perusing the
Information Bulletin and the Notification dated 27/5/2026 issued by the second
respondent, the petitioner contended that Clauses 3(d) and (e) of the
Notification were unwarranted and ought to be quashed. The requirements are
as follows:
“(d). Such person should have looked after such
student as the guardian of the student and evidence
to that effect must have been produced before the
Committee by such person
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WP No. 42300 of 2026
(e). There should be an affidavit with aforesaid
fact.”
4. The petitioner uploaded her application seeking admission under the
NRI quota. However, her application was rejected mainly on the ground that she
had not produced evidence showing that the proposed guardian had looked after
her.
5. The learned counsel appearing for the petitioner submitted that the
question of producing evidence to establish that the guardian had looked after
the student is subjective. Since the petitioner’s paternal uncle was willing to
sponsor her under the NRI quota, her claim ought to be considered on the basis
of an affidavit to be filed by him, without insisting upon any other document.
6. The learned counsel further sought a direction from this Court
requiring the respondents to consider the candidature of the petitioner for
counselling on the basis of an affidavit that would be filed by the paternal uncle,
relying on the judgment of the High Court of Delhi at New Delhi, in A NISH
SANDEEP PATIL (MINOR), THROUGH HIS FATHER Mr.SANDEEP
HEMANT PATIL {W.P.(C) 12984 of 2026 & CM Appl.60316 of 2026),
wherein, interim orders were passed, on 8/9/2026, directing the petitioner
therein to participate in the counselling process under the NRI quota, if an
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WP No. 42300 of 2026
affidavit of the proposed sponsor along with sufficient documentary proof of
financial capacity was filed. However, the participation of the petitioner therein
was subject to the final outcome of the writ petition. The case pertains to NEET
(UG).
7. The learned counsel also relied on similar interim orders passed by the
High Court of Telangana, in W.P.No.35011 of 2026, wherein the Hon’ble
Division Bench, placing reliance on Anish’s case, permitted participation of the
petitioners therein, in the ongoing counselling process as NRI quota candidates.
The Notification dated 27/5/2026 was under challenge.
8. The learned Additional Solicitor General of India, appearing on behalf
of the respondents, submitted that the Notification dated 27/5/2026, which is the
subject matter of this writ petition, pertains to the UG programme and does not
govern PG counselling. PG counselling is governed by the Counselling Scheme
and Information Bulletin for NEET PG (MD/MS/DNB) Counselling, 2026. The
respondents did not insist upon any document or certificate under the Guardians
and Wards Act, 1890. However, the petitioner failed to produce proof showing
that her NRI sponsor, namely, her paternal uncle, had looked after her as her
guardian, as required for NEET PG counselling. Her application was, therefore,
rejected.
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WP No. 42300 of 2026
9. Admittedly, the impugned Notification dated 27/5/2026 forms part of
the NEET UG Counselling MBBS Scheme and does not govern the petitioner’s
application for a seat in a postgraduate course under the NRI quota.
10. Chapter 4 of the NEET PG Counselling, 2026 Information Bulletin
and Counselling Scheme deals with Indian, NRI, OCI and foreign national
candidates, including the eligibility of an Indian candidate under the NRI quota.
The petitioner falls under Category IV of the Bulletin. The Information Bulletin
requires documentary evidence establishing that the NRI sponsor has been
genuinely taking care of the candidate. The affidavit and supporting documents
submitted must satisfy the competent authority.
11. The requirement of an affidavit and the requirement of supporting
documentary evidence serve distinct purposes. An undertaking to bear future
educational expenses does not, by itself, establish that the sponsor had
previously been taking care of the candidate. Accepting such an undertaking as
a substitute for the prescribed evidence would dispense with an independent
eligibility requirement contained in the Bulletin.
12. The requirement mentioned in the Bulletin is based on the Division
Bench judgment of the Madhya Pradesh High Court in ANSHUL TOMAR Vs.
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WP No. 42300 of 2026
STATE OF MADHYA PRADESH AND OTHERS, (2008) 2 MPLJ 450. The
relevant portion of the Bulletin reads as follows:
“Candidates shall be required to submit an Affidavit
(on Rs.100 stamp paper duly notarized) from the
person claiming to be their guardian, affirming that)
…..
(iv). Any other relevant documentary evidence
establishing that the person has been genuinely taking
care of and supporting the candidate for the requisite
period.
The Affidavit and supporting documents shall
be subject to verification by the Competent
Authority/MCC. Mere submission of the Affidavit
shall not, by itself, confer eligibility or establish the
claim of guardianship if the supporting documents are
found inadequate, inconsistent or otherwise not
genuine.
As the candidates are majors, they will not be
required to submit Court order as per the Guardian
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WP No. 42300 of 2026
and Wards Act, 1890 to convert from Indian to NRI
category. This clarification is issued in the larger
interest of candidates and in compliance with the
observations/directions of the Hon’ble High Courts.”
13. The learned counsel appearing for the petitioner submitted that,
although the Information Bulletins for 2025 and 2026 require evidence showing
that the NRI sponsor had looked after the student as her guardian, the colleges
were not insisting upon such documents. It was, therefore, contended that the
rejection of the petitioner’s application at the threshold for want of such
evidence ought to be set aside.
14. The interim orders relied upon by the petitioner permitted
participation subject to the final outcome of the respective proceedings. On the
material placed before this Court, those orders do not constitute a final
adjudication dispensing with the documentary requirements applicable to the
present PG admission process. The petitioner’s eligibility must, therefore, be
examined under the governing PG Bulletin.
15. The NRI quota provides for the consideration of eligible NRI, OCI
and foreign national candidates and their wards, as specified in the Bulletin. A
student such as the petitioner, claiming sponsorship by an NRI, can be
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WP No. 42300 of 2026
considered under that quota only upon fulfilment of the applicable conditions
prescribed in the Bulletin.
16. The requirement under the NEET PG, 2026 Bulletin of evidence
showing that the NRI sponsor had looked after the student is intended to
establish a bona fide relationship with the student and to prevent sponsorship
arrangements being created solely to secure admission. The adequacy of the
evidence produced must be assessed by the competent authority in accordance
with the Bulletin.
17. In the present case, apart from stating that her paternal uncle is an
NRI and would sponsor her tuition fees, the petitioner did not produce any proof
showing that he had been taking care of her or meeting her needs in any manner
so as to establish her eligibility for admission under the NRI quota.
18. The absence of a court order appointing a guardian is distinct from the
absence of evidence of actual care and support. The respondents have not
insisted upon a guardianship order in the present case. The rejection rests on the
failure to produce supporting evidence required by the Bulletin. The proposed
sponsor’s relationship with the petitioner and his willingness to meet future
expenses do not, without such evidence, satisfy that separate requirement.
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WP No. 42300 of 2026
19. In view of the above, no direction can be issued to the respondents to
permit the petitioner to upload documents and participate in NEET PG
counselling for the academic year 2026–2027 by dispensing with the
documentary requirements prescribed in the NEET PG, 2026 Bulletin. The
prayer to quash Clauses 3(d) and (e) of the Notification dated 27/5/2026 is
declined.
20. In the result, this writ petition is dismissed. No costs. Consequently,
the connected miscellaneous petitions are dismissed.
(K.SURENDER,J)
5/11/2026
Neutral Citation: Yes/No
mvs.
To
1. The Director General of health services,
Directorate General of Health Services,
Ministry of Health and Family Welfare,
Nirman Bhawan,
Maulana Azad Road,
New Delhi 110011.
2. The Secretary,
Medical Counselling Committee (MCC),
Directorate General of Health Services,
Ministry of Health and Family Welfare,
1st Floor, National Medical Library (NML) Building,
Ansari Nagar, Ring Road, Near AIIMS,
New Delhi 110029.
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WP No. 42300 of 2026
K.SURENDER J.
mvs.
Pre-delivery order made in
WP No. 42300 of 2026
5/11/2026
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