Madras HC relief for SC medico denied government quota
Affirmative action is not exception or bounty, but is constitutional right of student concerned, says Justice Chakravarthy
Differing with the submission, Justice Chakravarthy said, “I find force in the case of the petitioner that even though she comes within the government quota seats in the Private Medical College, she has wrongly been denied the seat.”(Express illustration)
Updated on:
09 Jan 2026, 8:28 am
CHENNAI: The Madras High Court has come to the rescue of an Arunthathiyar (SC-A) MBBS student, who was given admission under the management quota though eligible for government quota, by ordering the state government to bear the excess amount of fees over and above the government quota.
Justice D Bharatha Chakravarthy passed the orders recently on a petition filed by S Malarvizhi, of Palaiyapalayam village in Namakkal district, currently pursuing MBBS course at the Karpaga Vinayaga Medical College in Madhurantagam.
The petitioner scored 455 marks out of 720 in NEET and was eligible for admission under the government quota seat under SC-General category. However, she was given admission under the management quota during 2024-25. Seeking to quash the merit list as less meritorious candidates were given government quota seats, she moved the HC.
Representing the petitioner, advocate N G R Prasad, assisted by advocate Parveen Banu, submitted that the Selection Committee has committed the mistake of considering her only for SC-A quota and not under SC-General for which she was very much eligible.
He said the TN Arunthathiyars (Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Scheduled Castes) Act, 2009, and Clause 18 (6) of the admission prospectus provided for considering the candidate under the SC-General category also but such benefit was denied.
However, standing counsel for the Selection Committee, advocate Sneha, submitted that as per the relevant Act and rules, an SC-A candidate can be considered for admission under the SC-General category only if there are no seats available in the former and when the petitioner was considered for admission, there were BDS seat vacancies under the SC-A category.
Differing with the submission, Justice Chakravarthy said, “I find force in the case of the petitioner that even though she comes within the government quota seats in the Private Medical College, she has wrongly been denied the seat.”
He said reservation is not a bounty but a right. “Even assuming that the procedure that is adopted by the respondents is right, now the law is very well-settled that the reservation or positive discrimination/affirmative action is not an exception or a bounty that is conferred on the student concerned but is a valuable constitutional right ensuring equality and merit,” he said.
Justice Chakravarthy also said the relevant Act, rules and the 2010 G.O. provide for consideration of SC-A candidates under the SC-General category too.
Declaring the non-selection of the petitioner to the government quota seat as “illegal”, he ordered the student to pay only the government quota fees and directed the respondent authorities to pay the difference of fees amount above the government quota amount of Rs 4.35 lakh per year and reimburse the difference in fees already paid.
The judge made it clear that the order of payment of difference in fee amount shall not preclude the petitioner from availing of scholarships or other benefits meant for SC-A students.
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