Madras High Court
Maddika Meghana vs Union Of India on 8 April, 2026
Author: M. Dhandapani
Bench: M. Dhandapani
W.P. No.11621 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2026
CORAM:
THE HON'BLE MR. JUSTICE M. DHANDAPANI
W.P. No.11621 of 2023
Maddika Meghana
..Petitioner(s)
Vs
1. Union of India
Rep. by Ministry of Home Affairs, North
Block, New Delhi-110 001.
2. Director of Higher and Technical Education,
Government of Puducherry, Pipmate Complex,
Lawspet Road, Puducherry-605 008.
3. Centralized Admission Committee (CENTAC)
Government of Puducherry, Pondicherry
Engineering College Campus,
Puducherrry-605 014.
4. National Testing Agency (NEET),
First Floor, NSIC-MDP Building,
Okhla Industrial Estate, New Delhi-110 020.
5. Pondicherry Institute of Medical Science,
Kalathumettupathai, Ganapathichettikulam
Village No.20, Kalapet, Puducherry-605 014.
6. National Medical Commission,
Phase 1, Dada Dev Mandir Road,
Block P, Sector 8 Dwarka, Dwarka, New
Delhi 110 077. (R6 Impleaded Vide Order Dt
28/08/2023 made in WMP No.23399 of 2023)
..Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P. No.11621 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a Writ of Mandamus directing the respondents to create a
supernumerary seat under management quota in the seats allotted in the 5 th
respondent college in the academic year 2022-2023 and issue suitable direction
to treat petitioner as candidate under that management quota seat of admission
on par as candidate of Indian Citizen which is prior to the notification of the 1 st
respondent dated 04.03.2021 by disposing of the petitioners representation dated
08.02.2023 in terms of the order passed in W.P (C). No.891 of 2021 dated
03.02.2023 of The Honourable Supreme Court of India.
For Petitioner : Mr.V.P. Senguttuvel
Senior Counsel
for
Mr.A. Sundaravadhanan
For Respondents : Mr.B. Ramprabu
AGSC for R1
Mr.J. Kumaran
Addl. Govt. Pleader for R2
and R3
Ms. Sunita Kumari for R4
Mr.Abishek Jenasenan for R5
Ms.Shubharanjani
for R6
ORDER
The present writ petition has been filed seeking a direction to the respondents to convert the petitioner’s admission from NRI quota to Management quota in the MBBS course and to create a supernumerary seat for 2/8 https://www.mhc.tn.gov.in/judis W.P. No.11621 of 2023 the said purpose, in the light of the judgment of the Hon’ble Supreme Court in W.P.(C) No.891 of 2021 dated 03.02.2023.
2. Facts in brief :-
a) The petitioner was born on 04.09.2004 at Winnipeg, Canada and acquired Canadian citizenship by birth. Her parents are Indian citizens and, after completion of her father’s research work at the University of Manitoba, the family returned to India. Since then, the petitioner has been residing in India and completed her schooling in Hyderabad.
b) The petitioner appeared for NEET–2022 and secured 438 marks. In view of her status as an OCI card holder, and in terms of the notification dated 04.03.2021 issued by the 1st respondent, the petitioner was not eligible to compete for seats earmarked for Indian citizens and was consequently admitted under the NRI quota in the 5 th respondent Medical College vide allotment order dated 22.11.2022.
c) It is the case of the petitioner that prior to the notification dated 04.03.2021, OCI card holders were eligible to compete on par with Indian citizens. It is the contention of the petitioner that the said notification restricted such right by providing that OCI card holders could seek admission only under NRI or supernumerary quota and not against seats reserved for Indian citizens.
d) Subsequently, a batch of writ petitions challenging the said notification 3/8 https://www.mhc.tn.gov.in/judis W.P. No.11621 of 2023 came to be filed before the Hon’ble Supreme Court in W.P.(C) No.891 of 2021. By order dated 03.02.2023, the Hon’ble Supreme Court held that the notification would operate prospectively.
e) Placing reliance on the said judgment, it is stated that the petitioner has submitted a representation dated 08.02.2023 seeking conversion of her seat from NRI quota to Management quota and for creation of a supernumerary seat. Since no action was taken, the present writ petition has been filed.
3. Learned Senior Counsel appearing for the petitioner submitted that the petitioner, an OCI card holder, has been residing in India since childhood and her parents are Indian citizens. He further submitted that as per the notification dated 04.03.2021, the petitioner would have been entitled to compete under the Management quota. He further contended by relying on the judgment of the Hon’ble Supreme Court dated 03.02.2023 in W.P. (C) No.891 of 2021 in the case of Anushka Rengunthwar & Ors. vs. Union of India & Ors. and submitted that the notification has been held to be prospective in nature and, therefore, the petitioner’s rights ought to be protected. It is the strong argument of the petitioner counsel that the petitioner had made a representation at an early stage and, therefore, the respondents ought to consider conversion of her seat by creating a supernumerary seat, especially when she is presently pursuing the 4/8 https://www.mhc.tn.gov.in/judis W.P. No.11621 of 2023 course. In view of the above, he prayed before this Court for issuance of appropriate directions.
4. Per contra, the learned counsel appearing for the 5 th respondent submitted that the petitioner was admitted in the year 2022 strictly under the NRI quota in accordance with the notification dated 04.03.2021. The petitioner was fully aware of the conditions and participated in the selection process without any demur. Having accepted the admission under the NRI quota, she cannot now seek conversion of the same.
5. Learned counsel further submitted that the judgment of the Hon’ble Supreme Court will not apply to the case on hand, as she had neither challenged the notification nor was her admission subject to any interim orders. The petitioner’s admission having been completed in November 2022, the same has attained finality. Therefore, the learned counsel submitted that the petitioner, being an OCI card holder born abroad, cannot seek parity with Indian citizens nor claim eligibility under the Management quota, and her admission under the NRI quota is strictly in accordance with the applicable regulations. Further, he submitted there is no provision for conversion of seats from NRI quota to Management quota at a later stage and such conversion would disturb the settled seat matrix and admission process Hence, the claim made by the petitioner cannot be entertained. Such being the position, he prayed for dismissal of this 5/8 https://www.mhc.tn.gov.in/judis W.P. No.11621 of 2023 writ petition.
6. Learned ACGSC appearing for the 1st respondent would contend that sanctioned list of candidates for the 5 th respondent institution is fixed and there is no provision under the Regulations to create supernumerary seats. Any such direction would be in violation of the statutory framework governing medical education. He further submitted that Courts have consistently held that the seat matrix cannot be altered after completion of the admission process.
7. This Court has carefully considered the rival submissions and perused the materials available on record.
8. It is not in dispute that the petitioner was admitted to the MBBS course in the year 2022 under the NRI quota in accordance with the notification dated 04.03.2021. The petitioner, being fully aware of the said notification and the restrictions imposed therein, consciously participated in the admission process and secured admission under the NRI category. Admittedly, the petitioner has not challenged the notification dated 04.03.2021 at any point of time. The reliance placed on the judgment of the Hon’ble Supreme Court dated 03.02.2023 is misconceived, inasmuch as the benefit of the said judgment was extended in respect of the parties before the Court and similarly placed persons whose admissions were subject to the proceedings therein. The petitioner does not fall under the said category.
6/8 https://www.mhc.tn.gov.in/judis W.P. No.11621 of 2023
9. Further, an OCI card holder, not being a citizen of India, cannot as a matter of right claim parity with Indian citizens in matters of admission to professional courses. The rights of OCI card holders are governed by statutory notifications and are subject to restrictions. It is also noted that the petitioner’s admission was completed in November 2022 and she has pursued the course under the NRI quota. The petitioner, having accepted admission under the NRI quota, cannot seek alteration of the same at a later stage.
10. This Court is also not inclined to accept the request for creation of a supernumerary seat. The regulatory framework governing medical education does not contemplate such creation and the seat matrix once fixed cannot be altered by judicial orders.
11. In the considered view of this Court, the relief sought by the petitioner is impermissible both in law and on facts.
12.For the aforesaid reasonings, the writ petition stands dismissed. No costs.
08.04.2026 Index : Yes / No Speaking Order / Non-speaking order Neutral Citation Case : Yes / No vsi2 7/8 https://www.mhc.tn.gov.in/judis W.P. No.11621 of 2023 M. DHANDAPANI, J.
vsi2
1. The Union of India Rep. by Ministry of Home Affairs, North Block, New Delhi-110 001.
2. Director of Higher and Technical Education, Government of Puducherry, Pipmate Complex, Lawspet Road, Puducherry-605 008.
3. Centralized Admission Committee (CENTAC) Government of Puducherry, Pondicherry Engineering College Campus, Puducherrry-605 014.
4. National Testing Agency (NEET), First Floor, NSIC-MDP Building, Okhla Industrial Estate, New Delhi-110 020.
5. Pondicherry Institute of Medical Science, Kalathumettupathai, Ganapathichettikulam Village No.20, Kalapet, Puducherry-605 014.
6. National Medical Commission, Phase 1, Dada Dev Mandir Road, Block P, Sector 8 Dwarka, Dwarka, New Delhi 110 077.
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