CHENNAI: The Madras High Court has set aside the order of a single judge to conduct additional mop-up counselling for filling vacant medical seats in super specialty courses beyond the schedule of counselling for 2024-25. It held that the high court cannot interfere in such matters, as only the Supreme Court can do so, as per the earlier orders and guidelines of the apex court on medical admissions.
The first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan, in a recent order on the appeal filed by the Union Ministry of Health and Family Welfare, said, “However, the schedule of counselling and the last date of admission is prescribed by way of regulations, which have the force of law. In any case, if any illegality in the process of counselling and admission is found, it could be corrected by the writ court, provided the last date of admission is not over. In those cases where the last date of admission is over, it is fait accompli and in view of order passed by the apex court in various cases, referred supra, the party has to be left to work out his remedy by approaching the apex court.”
It said the petitioners ought to have approached the apex court if they had any grievances regarding the filling of vacant seats. The appeal was filed against the September 18, 2025, order of the single judge in the writ petition filed by post-graduate doctors who had already been admitted to super specialty courses but wanted them to be accommodated in the seats that fell vacant after certain candidates had left after admission. The single judge directed the authorities concerned to conduct additional mop counselling despite the last date for counselling had lapsed on August 31 as per the schedule.
Additional Solicitor General (ASG) ARL Sundaresan, representing the Union Ministry of Health and Family Welfare, submitted the schedule of counselling have to be followed as per the Establishment of Medical College Regulations (Amendment) 2025. He also noted the Supreme Court has clearly laid down that the schedule for counselling has to be strictly adhered to, and in any circumstances, the last date admission and joining will not be extended after August 31, 2025. Once the last date as per the schedule is over, no direction could be sought from the court.