Madras High Court Allows Meritorious Candidate To Join MBBS Course After She Could Not Pay Fee On Time Due To Financial Difficulties

Justice Anand Venkatesh invoked the court's extraordinary jurisdiction and took into account the circumstances that prevented the candidate from paying the fee on time. The court noted that the candidate had obtained a good score in the NEET UG exam, and her parents had struggled to arrange the fee amount. However, unfortunately, the last date to pay the fee was on a Second Saturday, and the fee could not be paid within the time.

The court took into account the attendant circumstances and was inclined to permit the candidate to join the course. The court added that instead of the seat going to less meritorious student, it would be appropriate if it was given to the candidate ensuring that there was no compromise on merit.

“In the facts of the present case, considering the marks scored by the petitioner, and considering the attendant circumstances which prevented the petitioner from making the payment on 08.11.2025, this Court is of the view that the extraordinary jurisdiction has to be exercised. Ultimately, instead of the MBBS seat going to the hands of the less meritorious student, it will be more appropriate if the petitioner is able to get the seat, as a meritorious student. Therefore, there is no compromise on merit also,” the court said.

The court made it clear that the order could not be used as a precedent in every case where the candidate could not join the course within the time stipulated.

Background

The student had appeared for the NEET UG 2025 26 exam and obtained a score of 251. She was allotted a seat in Madha Medical College and Research Institute in the third allotment on November 3, 2025. As per the notification, after the publication of the results, the candidates had to download the allotment order and report to the concerned college by November 8, 2025.

The student submitted that they could arrange the fee of Rs. 15,00,000 only on November 8 but since it was a second Saturday, she was not able to make the payment through NEFT or RTGS mode. It was further submitted that though the candidate and her mother tried to get in touch with the college to inform them, there was no response. Meanwhile, since the candidate had not appeared to join the college on November 8, the seat was considered as not occupied and added towards the vacancy that was to be filled during the stray vacancy. She had thus approached the court seeking direction to the respondents to permit her to join the college.

The Selection committee opposed the plea and submitted that if the candidate fails to jpin the allowed college within the stipulated time, the seat automatically goes unoccupied and could come under stray vacancy. It was argued that the selection committee has to abide by the schedules fixed and no exemption could be granted under any circumstances.

The committee argued there may be many other candidates who would have similarly not been able to join the course due to non-availability of funds, and if the petitioner's case was considered, it would set a bad precedent as every other candidate would start approaching the court for similar relief.

The medical college, on the other hand, informed the court that they did not have any objection in permitting the candidate to join the college since she will be more meritorious than those candidates who may join the college through stray vacancy.

Considering the peculiar facts of the case, the court was inclined to allow the candidate to join the course and directed the respondents accordingly.

Counsel for Petitioner: Ms. Abisha Isaac Assisted by Ms. H. Mary Sowmi Rexi of M/s. Isaac Chambers

Counsel for Respondent: Mr. K. Tippu Sultan Government Advocate, Mrs. M. Sneha Special Counsel, Mr. Richardson Wilson Standing Counsel

Case Title: Shilpa Suresh v The State of Tamil Nadu and Others

Citation: 2025 LiveLaw (Mad) 418