Isabella Mariam

The High Court of Telangana Division Bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin held that in-service doctors who became eligible for Post Graduate Medical Degree Course admissions following a reduction in the NEET-PG percentile cut-off are entitled to participate in mop-up counselling for stray vacancies, contingent on the University issuing a notification for the exercise of web options.

The petitioners, eighteen Civil Assistant Surgeons serving under the Government of Telangana, filed a writ petition under Article 226 of the Constitution of India before the Telangana High Court. The petition challenged certain provisions of GOMS No. 155 dated 4.11.2021, as amended by GOMS No. 148 dated 28.10.2024, governing Post Graduate Medical admissions under the State quota.

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The petitioners contended that they became eligible for admission to PG Medical Degree Courses under the in-service quota following a reduction in the NEET-PG percentile cut-off, pursuant to a notice issued by the National Board of Examinations in Medical Sciences. The respondent University had subsequently opened mop-up counselling for stray vacancies. However, the petitioners were excluded from the in-service quota counselling on the ground that they had pursued their MBBS from universities outside the State of Telangana.

Prior to approaching the High Court, the petitioners had moved the Supreme Court seeking permission to participate in the counselling process, which was withdrawn with liberty to approach the High Court.

The Court recorded the background of the dispute and the circumstances leading to the filing of the petition. It observed that “the petitioners became eligible for admission to the Post Graduate Medical Degree Courses under the in-service quota on reduction of the percentile of NEET scores pursuant to the notice dated 13.01.2026 issued by the National Board of Examinations in Medical Sciences, New Delhi.”

The Court noted that after the reduction of the cut-off marks, the University initiated further counselling procedures. It stated that “the respondent University opened mop-up counselling for the stray vacancies to the eligible candidates vide notification dated 15.01.2026.”

The Court recorded that the petitioners had initially approached the Supreme Court seeking relief regarding participation in the counselling process. It stated that “the petitioners approached the Apex Court vide W.P. (Civil) No.71 of 2026 seeking permission to participate in the counselling process against stray vacancies after they became eligible on reduction of the cut-off marks.”

The Court further observed that the earlier proceedings before the Supreme Court concluded with liberty granted to approach the High Court. It recorded that “the said Writ Petition was disposed of as withdrawn with liberty to the petitioners to approach the High Court under Article 226 of the Constitution of India.”

While considering the submissions of counsel, the Court recorded the explanation for the delay in approaching the High Court. It observed that “learned counsel for the petitioners submitted that the delay in approaching this Court was for the above reason.”

The Court also noted the request made by the petitioners regarding participation in the counselling process. It recorded that “the petitioners may be allowed to participate in the mop-up counselling for stray vacancies.”

During the hearing, the Court sought instructions from the respondent University regarding the counselling process and available seats. It recorded the submission of the University stating that “total number of 311 seats have become available for the mop-up counselling.”

The Court further noted the stage of counselling proceedings and the position regarding seat allotment. It observed that “presently, the web options for mop-up counselling have been completed but allotments have been kept on hold.”

The Court also recorded the submission relating to earlier rounds of counselling. It stated that “till phase 2 counselling was over, 48 in-service candidates were allotted seats.”

Finally, the Court recorded the statement regarding possible participation of the petitioners if further web options were permitted. It observed that “in the event the web options are opened for mop-up counselling for the remaining vacancies, the petitioners may exercise their web options.”

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The Court directed that “in view of the stand of the respondent University, in the event, the University issues notification for exercise of web options for the mop-up counselling for stray vacancies, the petitioners be allowed to exercise their web options. The question of law is left open to be raised in an appropriate proceeding. With the aforesaid observations, the instant writ petition is disposed of. There shall be no order as to costs.” It further recorded that “miscellaneous applications, if any pending, shall stand closed.”

Advocates Representing the Parties

For the Petitioners: Sri Sai Ram, Senior Counsel for Sri Sri Krishna Reddy

For the Respondents: Sri Tandra Ramesh, Assistant Government Pleader for Medical, Health and Family Welfare; Sri T. Sharath, Standing Counsel for KNRUHS

Case Title: Dr. Karam Nikhil Kumar and Seventeen Others v. State of Telangana and Another
Case Number: Writ Petition No. 2628 of 2026
Bench: Chief Justice Aparesh Kumar Singh, Justice G.M. Mohiuddin