V.Pandidurai v. The Director

ORDER This Writ Petition has been filed challenging the impugned order dated 18.05.2026 passed by the second respondent and seeking to quash the same as illegal. The petitioner has also sought a consequential direction directing the respondents to permit him to change his Post Graduate course from M.S. (Orthopaedics) to a non-clinical course, such as Community Medicine, in any Government Medical College in the State of Tamil Nadu.

2.Learned counsel appearing for the petitioner submitted that the petitioner completed his MBBS course in the year 2012 from Government Medical College, Madurai, and joined service as an Assistant Surgeon (General) under the Tamil Nadu Medical Services in October 2013. He served at the Government Upgraded Primary Health Centre, Vadakarai, Tenkasi District, till February 2026. Thereafter, he appeared for the NEET-PG Examination, 2025, under the Scheduled Caste category. During the third round of counselling, having secured 202 marks, he became eligible for admission under the Open Category. He exercised his option for admission to the M.S. (Orthopaedics) course under the Government Quota in Government Medical Colleges and, pursuant to the allotment order dated

16.02.2026 issued by the first respondent, was allotted a seat at Stanley Medical College, Chennai. Accordingly, he joined the course on 19.02.2026. Learned counsel further submitted that nearly ten years prior to joining the course, the petitioner had met with an accident in which he sustained injuries to his left wrist and left clavicle. He underwent surgery and implant plates with screws were fixed in his shoulder. Owing to the physical difficulties allegedly experienced by him after joining the course, he found it difficult to continue the M.S. (Orthopaedics) programme. Therefore, he submitted a representation dated 15.04.2026 to the first respondent seeking permission to shift to a non-clinical Post Graduate course. Since the said representation was not considered, the petitioner filed W.P.(MD) No.13240 of 2026 before this Court. By order dated 29.04.2026, this Court directed the respondents to consider the petitioner's representation and pass appropriate orders. Pursuant thereto, the second respondent passed the impugned order rejecting the request. Aggrieved by the same, the present Writ Petition has been filed.

3.Learned counsel for the petitioner contended that the impugned order has been passed solely on the basis of the counselling procedures, stating that no mutual transfer or individual transfer would be permitted after completion of the counselling process. According to the learned counsel, although the petitioner had voluntarily accepted the allotment of the M.S. (Orthopaedics) seat and joined the course on 19.02.2026, he subsequently realized that he was physically unable to pursue the course owing to his earlier injuries. It is therefore submitted that the respondents ought to have considered his representation sympathetically instead of rejecting the same mechanically by placing reliance upon the counselling guidelines. Hence, the learned counsel prayed for appropriate relief.

4.Per contra, the learned counsel appearing for the second respondent filed a counter affidavit and submitted that the impugned order was passed strictly in compliance with the directions issued by this Court in W.P.(MD) No.13240 of 2026, dated 29.04.2026, wherein this Court directed the respondents to consider the petitioner's representation on its own merits and pass appropriate orders in accordance with law.

5.The learned counsel further submitted that the Medical Counselling Committee (MCC), Directorate General of Health Services

(DGHS), by its communication dated 30.03.2026, clarified that four rounds of online counselling for NEET-PG admissions for the Academic Session 2025-2026 had already been completed and the entire counselling process concluded on 28.02.2026. Though certain seats remained vacant thereafter, the competent authority did not grant approval for conducting a Special Stray Vacancy Round. Consequently, the last date for admission to NEET-PG courses throughout the country remained 28.02.2026. It is also specifically clarified that any counselling conducted by any State Counselling Authority beyond the approved schedule would be unlawful and any admission made through such unauthorised counselling would be liable to be cancelled.

6.It is further submitted that, in view of the above communication, the Tamil Nadu State Selection Committee has no authority to conduct any further counselling or allot any seat unless the Medical Counselling Committee issues a fresh counselling schedule. Admittedly, the petitioner participated in the third round of counselling, was allotted a seat in M.S. (Orthopaedics), and joined Stanley Medical College, Chennai, on

19.02.2026.

7.Learned counsel also drew the attention of this Court to Clause 19 of the Counselling Procedures contained in the Prospectus for Admission to PG Degree/Diploma Courses for the Academic Year 2025-2026, issued vide G.O.(D) No.1006, Health and Family Welfare (MCA-1) Department, dated 08.09.2025, which reads as follows: "Mutual transfer/Individual request for transfer of college will not be permitted under any circumstances."

8.It is therefore contended that, once the Medical Counselling Committee had completed the counselling process and the cut-off date for admission had expired on 28.02.2026, no further allotment or transfer of seats was legally permissible. Consequently, the petitioner's representation dated 15.04.2026 could not be entertained. It is also submitted that a candidate who has accepted the allotment and joined the course pursuant to the third round of counselling cannot subsequently vacate the seat or seek migration after the prescribed cut-off date.

9.Learned counsel further relied upon the communication issued by the National Medical Commission, Post Graduate Medical Education Board (PGMEB), bearing No.N-P050(20)/74/2026-PGMEB-NMC (8405317), dated 30.03.2026, wherein reference has been made to Regulation 4.7 of the Post Graduate Medical Education Regulations, 2023, which provides as follows: "Student Migration – No student finally designated to a medical institution, notwithstanding anything stated in these Regulations, shall be permitted migration to any other medical institution."

10.The said communication further clarifies that migration, including stream/course migration, is impermissible and that a student desirous of pursuing another course may resign from the present course and participate in the admission process afresh during the subsequent academic year.

11.This Court has carefully considered the submissions made on either side and perused the materials placed on record.

12.Admittedly, the petitioner voluntarily participated in the counselling process, exercised his option for M.S. (Orthopaedics), accepted the allotment made in the third round of counselling, and joined the course on 19.02.2026. The request for change of course was made only after joining the programme. The petitioner cannot now seek a direction to alter the course allotted to him contrary to the counselling regulations and the statutory scheme governing admissions.

13.Clause 19 of the Prospectus unequivocally prohibits mutual transfer as well as individual requests for transfer. Further, the Medical Counselling Committee has categorically stated that no counselling can be conducted beyond the notified schedule and that the last date for admission was 28.02.2026. The National Medical Commission has also made it abundantly clear that migration, including stream or course migration, is impermissible under Regulation 4.7 of the Post Graduate Medical Education Regulations, 2023.

14.In the light of the aforesaid statutory provisions and binding communications issued by the competent authorities, the respondents were fully justified in rejecting the petitioner's request. Sympathy or personal hardship, however genuine, cannot override the statutory regulations governing admissions and migration in Post Graduate Medical Courses. Granting the relief sought by the petitioner would amount to directing the authorities to act contrary to the applicable Regulations and the counselling guidelines, which this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, cannot do.

15.Accordingly, this Court finds no infirmity or illegality in the impugned order dated 18.05.2026 warranting interference.

16.In the result, the Writ Petition fails and is accordingly dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

16.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The Director, Directorate of Medical Education and Research, Chennai - 600 010.

2.The Additional Director of Medical Education and Research/Secretary, Selection Committee, Directorate of Medical Education and Research, Chennai - 600 010.

3.The Medical Counseling Committee/ Director General of Health Service, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi – 110 011.

4.The Dean, Government Stanley Medical College, Chennai.

M.DHANDAPANI, J. ps

16.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.14210 of 2026 V.Pandidurai ... Petitioner Vs 1.The Director, Directorate of Medical Education and Research, Chennai - 600 010. 2.The Additional Director of Medical Education and Research/Secretary, Selection Committee, Directorate of Medical Education and Research, Chennai - 600 010. 3.The Medical Counseling Committee/ Director General of Health Service, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi – 110 011. 4.The Dean, Government Stanley Medical College, Chennai. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in Ref.No.1559/SCSII(1)/2026 dated 18.05.2026 issued by the second respondent quash the same as illegal and consequently direct the respondents to allow the petitioner for change of PG course from M.S.Orthopaedics to non-clinical course such as Community Medicine in any other Government Colleges at Tamil Nadu. For Petitioner : Mr.A.N.Ramanathan For Respondents : Mrs.K.R.Shiva Shankari (R1 to R3) Counsel for State