Dr.J.Lavanya vs State of Tamil Nadu

W.P.No.45061 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2026
CORAM
THE HON'BLE MR.JUSTICE K.SURENDER
W.P.No.45061 of 2026 and
W.M.P.No.50561 of 2026
CNR: {HCMA012654772026}
Dr.J.Lavanya,
No.41-A, Old Thirumangalam Road,
Post Office Street, Villivakkam,
Chennai-600 049
..Petitioner(s)
Vs
1. State of Tamil Nadu,
Rep. by its Principal Secretary,
Department of Health and Family Welfare,
Secretariat, Fort St.George,
Chennai-600 009.
2. The Director
Directorate of Medical Education and Research,
162, Periyar, E.V.R High Road,
Chennai-600 010.
3. The Secretary,
Selection Committee,
Directorate of Medical Education and Research,
162, Periyar E.V.R High Road,
Chennai-600 010.
..Respondent(s)
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus or any other writ or direction or order in the nature of
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writ directing the 2 and 3 respondent Authorities to open the window for
choice filling and locking for all PG Degree courses in the ongoing Round-1
counselling process and further counselling rounds for the petitioner.
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W.P.No.45061 of 2026
For Petitioner(s): Mr.R.Arumugam
For Respondent(s): Mr.G.Ramadas,
Special Government Pleader
ORDER
The petitioner appeared for the NEET-P.G. 2026 examination conducted
by the National Board of Examinations in Medical Sciences on 30.08.2026. The
results were declared on 24.09.2026, in which the petitioner secured 276 marks.
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The 3 respondent/Selection Committee issued the prospectus for P.G.
Degree/Diploma admissions on 07.10.2026. No upper age limit was prescribed
for admission in the prospectus. The petitioner submitted her application on
14.10.2026, along with the prescribed application fee. However, the petitioner
was restricted from exercising her choices for admission to the Postgraduate
course. Hence, the present Writ Petition is filed.
2.The eligibility to appear for the examination is governed by Clause 4
(Eligibility Criteria) of NEET-P.G. 2026 Information Bulletin. Further, Clause
11 (Service Candidates) of P.G. Degree/Diploma Courses Prospectus for the
2026–2027 Session which reads as follows:
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W.P.No.45061 of 2026
“Clause 11 – Service Candidates:
Competent authorities issuing certificates to Government Medical
•
Officers shall issue a complete Service Proforma, including
details of their leave and deputation. The service particulars shall
be uploaded within the stipulated time.
Service candidates who have applied under the Service Quota
•
should have a minimum of five years of remaining service at the
end of their Postgraduate Degree/Diploma courses.
The online application process will be closed as per the server
time, and submission of applications will not be permitted
beyond the prescribed closing time.”
3.According to the said provision, a service candidate must have a
minimum of five years of remaining service at the end of the Postgraduate
Degree/Diploma Course. However, Clause 37(e) contemplates that, if any
candidate has less than five years of service remaining, the Government may
obtain an undertaking from such candidate to serve for a period of five years
after completion of the course, irrespective of the date of superannuation.
Clause 37(e) of P.G. Degree/Diploma Courses Prospectus for the 2026–2027
Session, reads as follows:
“37(e): All service candidates of Tamil Nadu who have less
than five years of service after completing their P.G.
Degree/Diploma courses have to serve the Government for a
period of five years from the date of clearing the examination,
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W.P.No.45061 of 2026
irrespective of the date of superannuation, if the Government
requires their services. They have to furnish an undertaking to
this effect at the time of joining the course.”
4.The learned counsel for the petitioner argued that if Clause 37(e) is
applied, there is no restriction on application by candidates who may have less
than five years of service after completion of the course.
5.The learned Special Government Pleader appearing for the respondents
would submit that Clause 11 contemplates that a service candidate should have
a minimum of five years of remaining service after completion of the P.G.
course. For this reason, the online process programming restricted the options
of P.G. Courses that are given to a candidate, on the basis of the particulars
furnished by the candidate vis-à-vis the conditions prescribed in the prospectus.
Since the system is designed not to accept applications from service candidates
who have less than five years of service remaining after completion of the opted
P.G. course, in accordance with Clause 11 of the Prospectus, the system
automatically restricts the options available to such candidates and provides
only those options wherein there would be a gap of five years after completion
of the course.
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W.P.No.45061 of 2026
6.The learned Special Government Pleader would further submit that
Clause 37(e) falls under the subheading relating to stipend/salary and, as such, it
is not contrary to Clause 11 whereby there is a requirement of five years of
service to be left over at the end of the Postgraduate study.
7.Heard the learned counsel appearing for the petitioner and the learned
Special Government Pleader appearing for the respondents.
8.Though Clause 11 pertains to the eligibility requirement of a candidate
having five years of remaining service upon completion of the course, Clause
37(e) contemplates that the Government may utilise the services of such a
person for a period of five years after completion of the P.G. Degree/Diploma
course, irrespective of the date of superannuation.
9.The submissions of the learned Special Government Pleader appearing
for the respondents cannot be accepted. Both Clauses 11 and 37(e), when read
together, though appears to be contradictory, however, in the event of there
being a lesser period of service remaining, it is left open to the Government to
utilise the services of such a candidate for a period of five years after
completion of the course, irrespective of the date of superannuation.
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W.P.No.45061 of 2026
10.In such a scenario, when the Government itself has provided a clause
to utilise the services of a candidate for five years, irrespective of the date of
superannuation, upon completion of the course, the question of restricting the
options available to candidates like the petitioner herein is unacceptable.
11.Even assuming that the petitioner would have less than five years of
service remaining upon completion of the P.G. course, the option is always left
open to the Government to obtain an undertaking from her and utilise her
services for the stipulated period of five years.
12.In the said circumstances, restricting the options of P.G. courses for
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the petitioner is improper. Accordingly, the 3 respondent is directed to take
immediate steps to facilitate the petitioner to make her choice of any of the P.G.
course offered through online portal, without restriction.
13.Since the order is being pronounced at 3.20 p.m. on the last date
prescribed for exercising the choices, the learned Special Government Pleader
appearing for the respondents, on instructions, would submit that the order and
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the directions issued by this Court would be communicated to the 3 respondent
and the authorities concerned, so as to ensure that the online portal is open for
the petitioner to make her choices, without any restriction.
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W.P.No.45061 of 2026
14.With the above directions, this Writ Petition stands allowed.
Consequently, connected miscellaneous petition is closed. No costs.
03.11.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
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To
1. The Principal Secretary,
State of Tamil Nadu,
Department of Health and Family Welfare,
Secretariat, Fort St. George,
Chennai-600 009.
2. The Director
Directorate of Medical Education and
Research,
162, Periyar, E.V.R High Road,
Chennai-600 010.
3. The Secretary
Selection committee,
Directorate of medical Education and
Research,
162, Periyar EVR High Road,
Chennai-600 010
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W.P.No.45061 of 2026
K.SURENDER, J.
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W.P.No.45061 of 2026
03.11.2026
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