Madras High Court

Sri Venkateswaraa University vs The State Of Tamil Nadu on 28 October, 2025

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 25.10.2025

Pronounced on : 28.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

Writ Petition No.37066 of 2025
and
W.M.P.Nos.41473, 41474, 41476 and 41478 of 2025

1.Sri Venkateswaraa University,
Represented by its Authorised Signatory,
Having office at:
No.31-B, Jawaharlal Nehru Salai, (100 ft. Road),
Thiru Nagar, Vadapalani,
Chennai – 600026.

2.Sri Venkateswaraa Medical College Hospital and
Research Institute,
Survey No.51, G.N.T. Road,
Nallur, Near Redhills Toll Plaza,
Chennai – 600 067. ... Petitioners

Vs.

1. The State of Tamil Nadu,
Represented by its Principal Secretary,
Department of Higher Education,
Fort St. George, Chennai – 600 009.

2. The State of Tamil Nadu,
Represented by its Principal Secretary,
Department of Health and Family Welfare,
Fort St. George, Chennai – 600 009.

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3. The Selection Committee,
Represented by its Additional Director of Medical
Education/Secretary,
Directorate of Medical Education,
Chennai – 600 010. ... Respondents

Writ petition is filed under Article 226 of the Constitution of India, to
issue writ of certiorarified mandamus calling for the records of the 3 rd
Respondent in Ref. No.649/SCS 1(1)/2025, dated 18.09.2025, quash the same
and consequently direct the 3rd Respondent counselling authority to include the
2nd Petitioner institution in the counselling process for admission of students
into the MBBS course in the forthcoming academic years by treating all seats
in the said course as management quota.

For Petitioners : Mr.Abishek Jenasenan
For Respondents : Mr.M.Sneha
Special Counsel

ORDER

This Writ Petition has been filed challenging the impugned proceedings

of the third respondent dated 18.09.2025 and for a consequential direction to

the third respondent to include the second petitioner college/institution in the

counselling process for admission of students into the MBBS course in the

forthcoming academic years by treating all the seats in the MBBS course as

management quota seats.

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2. The case of the petitioners is that the first petitioner university

applied to the Government of Tamil Nadu for necessary approval to commence

a private university. The said approval was granted through G.O.Ms.No.81,

dated 26.06.2021 wherein the name of the first petitioner university was

included in the Schedule to the Tamil Nadu Private Universities Act, 2019

(hereinafter referred to as 'the Act').

3. The first petitioner university applied to the Government of Tamil

Nadu for Essentiality Certificate to start second petitioner institution as its

constituent college as per the Act. In the meantime, the Government of Tamil

Nadu issued G.O.Ms.No.78, dated 27.05.2022 specifying 27th May, 2022 as

the date of commencement of the first petitioner university.

4. The second petitioner institution which is the constituent college

applied to the National Medical Commissioner (hereinafter referred to as 'the

NMC') for letter of permission to offer the MBBS course with an annual intake

of 150 seats. After considering the application submitted by the second

petitioner institution, the NMC issued the letter of permission dated

23.08.2022 permitting the second petitioner institution to offer MBBS course

with an annual intake of 150 seats for the academic year 2022-23.

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5. The petitioners have been submitting to the respondents that they

cannot be compelled to surrender seats to the State and that as per the

judgments rendered by the Apex Court, such seat sharing can only be by a

consensual arrangement. This is in view of the fact that the second petitioner

institution is a minority institution. The further claim made by the petitioners

is that under Section 14 of the Act, the only mandate placed upon by the

petitioners is to reserve 35% of the seats for candidates domiciled in Tamil

Nadu and there is no question of seat sharing in the said Act. However, it is

alleged that the respondents were repeatedly forcing the petitioners to

surrender 50% of the seats available in the second petitioner institution to be

treated as Government quota seats under the threat of non-inclusion in the

counselling process.

6. During the academic year 2025-26, the respondents conducted a

meeting on 04.06.2025 to discuss the question of apportionment of seats. The

representatives of the petitioners attended the meeting and they were informed

in unequivocal terms that they have to surrender 50% of the seats available in

the second petitioner institution as Government quota seats. It was not

accepted by the petitioners. The first round of counselling was conducted and

50% of the seats (150 seats) was filled up with students falling under the

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7. The second petitioner institution had applied to the NMC for

increase in intake in MBBS course and the Commission issued letter of

permission dated 10.09.2025 increasing the intake from 150 seats to 200 seats

during the academic year 2025-26. The second petitioner wrote a letter dated

16.09.2025 to the respondents intimating about the increase in intake and

seeking to treat all the 50 additional seats as management quota seats.

8. The third respondent issued the impugned proceedings dated

18.09.2025 rejecting the request made by the second petitioner and informed

the second petitioner that the seat apportionment will be done in the ratio of

50:50.

9. Aggrieved by the same, the present writ petition was filed before

this Court.

10. The learned counsel for the petitioners submitted that the

judgment of the Apex Court in T.M.A. Pai case (2003) 6 SCC 799 and P.A.

Inamdar case (2005) 6 SCC 537 makes it clear that the State cannot compel

any private self-financing educational institution to surrender seats to the State

https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 05:56:02 pm ) or to unilaterally apportion seats available in such institution. It was further

clarified that such sharing of seats, if any, can only be by way of consensual

arrangement. When that is the settled law, it was contended that the

respondents ought not to have forced the second petitioner institution to share

the seats in the ratio of 50:50.

11. The learned counsel further submitted that under Section 14 of the

Act, it only mandates that 35% of the sets available in the constituent college

of the private university are to be reserved for students domiciled in Tamil

Nadu and the balance 65% of the seats are open to all the students across

India. The first petitioner has already been declared as private university

under the provisions of the Act. Therefore, if the petitioners applied with the

said mandate under the Act, there cannot be any more compulsion on the

second petitioner institution to share the seats in the ratio of 50:50.

12. The learned counsel further submitted that the third respondent in

the impugned order has placed reliance upon the order passed by the Apex

Court with respect to another private university and that the order will not

apply to the facts of the present case since that order was passed by the Apex

Court on the consent expressed by both parties. In other words, it was not an

order passed on merits. Hence, it is contended that the relief as sought for by

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13. Per contra, the learned Special Counsel appearing on behalf of the

respondents submitted that the second petitioner cannot participate in the

counselling process without getting a proper affiliation from Tamil Nadu

Dr.M.G.R.Medical University (hereinafter referred to as 'the university'). To

substantiate this submission, the learned Special Counsel relied upon the order

passed by the Division Bench in W.A.Nos.1398 and 1399 of 2022. The

portions of the order relied upon are extracted hereunder:

“46. The moot issue that now needs consideration is the requirement of affiliation of the writ petitioner/institution with the Tamil Nadu Dr.M.G.R.Medical University.

61. The aforesaid provisions make it clear that affiliation from the Tamil Nadu Dr.M.G.R.Medical University is required to be obtained by every medical college or institution. It is not a case where validity of Section 6(1) of the Act of 1987 is challenged. In the case of Maharishi Markandeshwar Medical College and Hospital and Others, supra, the amendment to bring Section 3(6-a) of the Himachal Pradesh Private Medical Education Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 was challenged and held to be ultra vires. The aforesaid aspect was ignored by the learned Single Judge while applying the judgment of the Apex Court in the case of Maharishi Markandeshwar Medical College and Hospital and Others, supra.

62. At this stage, we need to consider one more aspect relevant to the issue. It cannot be disputed that the Act of 1987 was enacted much prior to the TNPU Act of 2019. While enacting the TNPU Act of 2019, the legislature did not bring a non-obstante clause to give overriding effect to the provisions of the TNPU Act of 2019, so as to ignore the effect of Section 6(1) of the Act of 1987, which was enacted much prior in time. While making interpretation of the subsequent legislation, the court cannot ignore the effect of the earlier legislation, when the subsequent legislation was not enacted with a non-obstante clause in case of conflict in the provisions. If the learned Single Judge was of the view that the provisions of the Act of 1987 are in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 05:56:02 pm ) conflict with the provisions of the TNPU Act of 2019, the issue was required to be analyzed as to whether the provisions of the TNPU Act of 2019 can be given interpretation in ignorance of the provisions of the Act of 1987, when non-obstante clause does not exist in the subsequent legislation and, therefore, the learned Single Judge could not have ignored the rigour of Section 6(1) of the Act of 1987 which debars the affiliation of the medical college by any other university than the Tamil Nadu Dr.MGR Medical University.”

14. The learned Special Counsel submitted that the order passed by

the Division Bench was taken on appeal before the Apex Court and the Apex

Court passed an order on 19.09.2022. The order pointed out by the learned

Special Counsel is extracted hereunder:

“1. Two separate applications have been filed by (1) Mr Prateek K Chadha, counsel for the petitioner, and (ii) Dr Joseph Aristotle S, counsel for the first and second respondents, for recording terms of consent which have been arrived at between the parties. The consent terms are reproduced below:

"1. The Petitioner Srinivasan Medical College and Hospital is a constituent college of the Dhanalakshmi Srinivasan University established under the Tamil Nadu Private Universities Act, 2019. It has been granted Letter of Permission by the National Medical Commission. This institution shall be allotted 150 students in the MBBS Course from the present Academic Year 2022-23 onwards by the designated authority.

2. The Petitioner, a minority institution will share 75 seats (50% of the total seats) as government quota, in the MBBS Course, to the State of Tamil Nadu.

For all the MBBS seats in the Petitioner institution, the Petitioner will approach the Fee Committee appointed by the State in terms of the judgment of this Hon'ble Court in Islamic Education Society's case, immediately with all necessary documents to enable fixation of fee by the Committee from the Academic Year 2022-23 onwards.

3. The State of Tamil Nadu shall include the MBBS seats of the Petitioner institution in the total seat matrix for the counselling and allocation of seats to the students in the Petitioner institution, from the present Academic Year 2022-23 onwards.

4. The Petitioner institution would apply to the Government of Tamil Nadu and the Dr. M.G.R. Medical University u/s 6(2) of the Tamil Nadu Dr. M.G.R. Medical University, Chennai Act, 1987.It is agreed by the Government of Tamil Nadu and the Dr. M.G.R. Medical University that upon

https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 05:56:02 pm ) making such application, the Petitioner college shall be granted a permanent exemption / waiver from the application of Section 6(2) and/or any other provision of the said 1987 Act.

5. It is further agreed that the Petitioner college would not require affiliation from any other University including the Dr.M.G.R. Medical University. The students admitted in the medical courses in the Petitioner institution shall be entitled to get degrees to be awarded by the Dhanalakshmi Srinivasan University.”

2. The Special Leave Petitions stand disposed of.

3. Pending application, if any, stands disposed of.”

15. The learned Special Counsel further submitted that the

representatives of the petitioners attended a meeting and accepted for the

allotment of seats in the ratio of 50:50 and having accepted the same, they

cannot be permitted to turn around and raise a different plea in this writ

petition and more so, even without getting the affiliation from the University.

Accordingly, the learned Special Counsel sought for the dismissal of this writ

petition.

16. Heard the learned counsel for the petitioners and the learned

special counsel for the respondents.

17. The third respondent while rejecting the request made by the

petitioners relied upon the order passed by the Apex Court which has been

extracted supra.

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18. The Division Bench in the case of Srinivasan Medical College

and Hospital held that affiliation from the Tamil Nadu Dr.M.G.R. Medical

University is required to be obtained by every medical college or institution.

While enacting the 2019 Act, the legislature did not bring a non-obstante

clause to override and ignore the provisions of Tamil Nadu Dr.M.G.R.

Medical University (Chennai) Act, 1987 and hence, the 2019 Act which is a

subsequent enactment cannot ignore the effect of the earlier legislation.

Therefore, the institution has to necessarily get the affiliation from the

university in order to conduct the MBBS course.

19. When the above order passed by the Division Bench was taken to

the Apex Court, the Apex Court did not deal with the merits of the case since

both the parties reached a compromise and based on the consent, the Apex

Court gave its seal of approval to the consent terms entered into by the parties.

20. It is important to note the fact that the petitioners therein had

agreed to apply to the Government of Tamil Nadu and the university under

Section 6(2) of the Act and seek for permanent exemption/waiver from the

application of the Act. If that is done, the college will not require affiliation

from any other university including the Tamil Nadu Dr.M.G.R.Medical

https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 05:56:02 pm ) University. On such understanding, the SLP was disposed of by the Apex

Court.

21. It is quiet clear from the above orders that if the second petitioner

institution want to run the MBBS course, it has to necessarily seek for

affiliation with the university or seek for exemption/waiver from the

application of Section 6(2) of the Act. Only if this process is undertaken, the

second petitioner institution can seek for allotment of the students to join

MBBS course.

22. It is not in dispute that the second petitioner institution has neither

sought for affiliation nor for exemption/waiver from the university. Hence, as

an interim arrangement, a meeting was held with the respondents and it was

agreed that there will be seat sharing in the ratio of 50:50 for self-financing

institutions. In the light of this understanding, the second petitioner institution

is permitted to fill up 50% of the seat under management quota and the

balance 50% is filled up with the Government quota.

23. The second round of counselling has already been completed and

the seats have been allotted in the same ratio.

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24. During the pendency of this writ petition, the NMC has given a

letter of permission dated 14.10.2025 by increasing the number of seats from

200 to 250. The apprehension of the learned counsel for the petitioners is that

even this increased intake of 50 seats will now be allotted in the ratio of 50:50.

It was therefore, contended that at least these 50 seats must be permitted to be

filled up under management quota.

25. It is true that insofar as minority self-financing institution which

is not granted aid by the State, the State does not have the power to insist for

seat sharing. The law was settled by the Apex Court in T.M.A. Pai and

P.A.Inamdar cases. There cannot be any dispute on this proposition of law.

But, the moot question is as to whether the second petitioner institution could

admit students for MBBS course without getting the affiliation from the Tamil

Nadu Dr.M.G.R.Medical University or getting the exemption under Section

6(2) of the Act. The answer is that the same cannot be done as per the

judgment of the Division Bench of this Court. The law that was pronounced by

the Division Bench in the case of Srinivasan Medical College and Hospital,

was not interfered by the Apex Court and the Apex Court disposed of the SLP

only based on the consent between the parties. Even when the parties entered

into terms of consent, it was agreed that the concerned college will seek for

https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/10/2025 05:56:02 pm ) exemption/waiver under Section 6(2) of the Act. Therefore, the Apex Court

did not set aside or water down the order of the Division Bench of this Court

which holds the field as on date.

26. In the light of the above discussion, for the present academic year,

the understanding with the respondents to share the seats in the ratio of 50:50

can continue. It is left open to the second petitioner institution to seek for

exemption/waiver under Section 6(2) of the Act. Once such exemption is

granted, the second petitioner institution will be entitled to fill up the seats

under management quota since it is a minority institution, unless, they give

consent to the Government to allot some seats under the Government quota.

This clarity will sufficiently taken care of the grievance expressed by the

second petitioner institution, from the next academic year.

27. This Writ Petition is disposed of in the above terms. No costs.

Consequently, connected miscellaneous petitions are closed.




                                                                                         28.10.2025

                  srm
                  Internet    : Yes/No
                  Index       : Yes/No
                  Speaking order/Non-speaking order



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                                                                             N. ANAND VENKATESH, J.



                                                                                                       srm


                  To

                  1. The State of Tamil Nadu,
                     Represented by its Principal Secretary,
                     Department of Higher Education,
                     Fort St. George, Chennai – 600 009.

                  2. The State of Tamil Nadu,
                     Represented by its Principal Secretary,
                     Department of Health and Family Welfare,
                     Fort St. George, Chennai – 600 009.


                  3. The Selection Committee,
                     Represented by its Additional Director of Medical
                     Education/Secretary,
                     Directorate of Medical Education,
                     Chennai – 600 010.



                                                                                              Order Made In





                                                                                                 28.10.2025




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