Anusri J.K. vs The Ministry of Health and F

Court
Madras High Court

WP(MD) No. 30389 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
WP(MD) No. 30389 of 2026
and W.M.P(MD).No.23193, 23194 and 23197 of 2026
CNR:{HCMD011530102026}
Anusri J.K.
..Petitioner(s)
Vs
1. The Ministry of Health and Family Welfare
Rep. by its Secretary,
3rd and 4th Floor,
Indian Red Cross Society Building,
No.1, Red Cross Road,
Sansad Marg Area,
New Delhi - 110 001.
2. The National Medical Commission
Rep. by its Secretary,
Pocket 14, Sector 8,
Dwarka Phase I,
New Delhi - 110 077.
3. The Medical Counselling Committee
Rep. by its Director,
Directorate General of Health Services,
Nirman Bhawan,
New Delhi - 110 011.
4. The Secretary to Government
Health and Family Welfare Department,
Government of Tamil Nadu,
Fort St.George,
Chennai - 600 009.
5. The Selection Committee
Directorate of Medical Education and Research,
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WP(MD) No. 30389 of 2026
Government of Tamil Nadu,
Chennai - 600 010.
6. The Director
Directorate of Medical Education and Research,
No.162, EVR Periyar High Road,
Kilpauk,
Chennai - 600 010.
7. The Medical Assessment Board
Rajiv Gandhi Government General Hospital,
Chennai.
8. The Commissioner
Commissionerate for the Welfare of Differently
Abled Persons,
No.5, Kamarajar Salai,
Chennai - 600 005.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Certiorarified Mandamus,
calling for the records relating to the impugned order Certificate
No.2026-OCT/031648, dated 10.10.2026 passed by the 7th respondent
assessing the petitioners hearing disability at 19 percent, and quashing the
same and consequently to direct the Respondents to consider the
petitioner on the strength of her valid Permanent UDID card dated
19.06.2026 (40 percent) and permit her to participate in the MBBS
counselling under the PwBD category.
For Petitioner(s): Mr V.R.Shanmuganathan
For Respondent(s): Mr.S.Sundaravadivel
CGSPC for R1
Mr.M.P.Senthil
Government Pleader
for R4 to R8
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WP(MD) No. 30389 of 2026
ORDER
The writ petitioner was born on 12.09.2007. She completed her
Higher Secondary Examination in March-2025. The petitioner suffered
from hearing impairment. The petitioner has been issued with permanent
UDID card certifying that her hearing impairment is to the tune of 40%.
The petitioner aspires to pursue MBBS course. She had also participated
in the NEET Examination. According to the authorities, the petitioner
will be entitled to horizontal reservation, if her hearing impairment is
40%. However, the Medical Board assessed the petitioner’s disability
only at 19%. Challenging the said certificate issued by the Government
Rajaji Hospital, Madurai, the petitioner filed W.P.(MD).No.24681 of
2026. The learned single Judge disposed of the writ petition by order
dated 25.08.2026 in the following terms:
“….5. It is also seen that the appeal has been duly
submitted within three days from the date of first
assessment, precisely before the commencement of the
counseling on 22.08.2026. Under such circumstances, this
Court is of the considered view that the appellate
authorities should have immediately reassessed the
petitioner. Having not done so, the petitioner-s opportunity
is at stake as on date.
6. In view of the same, the appellate authority
constituted by the Directorate General of Health Services,
DGHS is forthwith directed to reassess the petitioner. If
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WP(MD) No. 30389 of 2026
the hearing impairment is assessed at 40% or more, the
respondent shall take necessary steps to accommodate the
petitioner. ….“
2.The appellate authority has again quantified the petitioner’s
hearing impairment at 18%. Therefore, the petitioner may not be entitled
to the horizontal reservation. In these circumstances, this writ petition
came to be filed.
3.Strictly speaking, the learned counsel for the petitioner has no
case. This is for two reasons. Firstly, the order passed by the learned
Single Judge in W.P(MD).No.24681 of 2026 comes in the way;
Secondly, according to the written instructions submitted by the learned
Government Pleader, the counseling process is already over and all the
seats have been allotted.
4.However, one equitable consideration has to be taken into
account. My attention is drawn to the order dated 24.09.2026 made in
W.P(MD).No.37032 of 2026 (S.Prasanth V. National Medical
Commission and others). The learned single Judge had held that the
UDID Card issued by the competent authority regarding one’s disability
at a particular percentage, ought to be followed. In other words, the
learned Judge frowned upon re-determination of the extent of disability.
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WP(MD) No. 30389 of 2026
5.The learned counsel for the petitioner points out that this order
was complied with by the authority and seats have also been allotted.
6.The petitioner is also placed on the very same footing.
7.Even though the learned Government Pleader states that the
department is considering filing a challenge to the order dated 24.09.2026
in W.P(MD).No.37032 of 2026, I am not impressed by the said
submission. When Prasanth has obtained relief from the Madras High
Court, Anusri cannot be denied relief when both are on the same footing.
8.It is possible that, even though the counseling is over and all the
MBBS seats have been allotted, some may not join. No seat should be
allowed to go waste. In that event, mop-up counseling may be conducted
by the authorities. I am not directing the authority to conduct mop-up
counselling. But if such a mop-up counselling is carried out to fill up the
vacant seats, then certainly the writ petitioner’s case will also be
considered by treating her disability at 40% as set out in her UDID card.
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WP(MD) No. 30389 of 2026
9.The Writ Petition is disposed of accordingly. No costs.
Consequently, connected Miscellaneous Petitions are closed.
23-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Rmk
NOTE : Issue order copy on 23.10.2026
To
1. The Ministry of Health and Family Welfare
Rep. by its Secretary,
3rd and 4th Floor,
Indian Red Cross Society Building,
No.1, Red Cross Road,
Sansad Marg Area,
New Delhi - 110 001.
2. The Secretary
National Medical Commission
Pocket 14, Sector 8,
Dwarka Phase I,
New Delhi - 110 077.
3. The Director
Medical Counselling Committee
Directorate General of Health Services,
Nirman Bhawan,
New Delhi - 110 011.
4. The Secretary to Government
Health and Family Welfare Department,
Government of Tamil Nadu,
Fort St.George,
Chennai - 600 009.
5. The Selection Committee
Directorate of Medical Education and Research,
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WP(MD) No. 30389 of 2026
Government of Tamil Nadu,
Chennai - 600 010.
6. The Director
Directorate of Medical Education and Research,
No.162, EVR Periyar High Road,
Kilpauk,
Chennai - 600 010.
7. The Medical Assessment Board
Rajiv Gandhi Government General Hospital,
Chennai.
8. The Commissioner
Commissionerate for the Welfare of Differently Abled Persons,
No.5, Kamarajar Salai,
Chennai - 600 005.
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WP(MD) No. 30389 of 2026
G.R.SWAMINATHAN, J.
Rmk
WP(MD) No. 30389 of 2026
23-10-2026
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