Madrasdated High Court · 2025

W.P.No.29298 of 20255. The Tahsildar,Taluk Office,Coimbatore South,Gopalapuram,Coimbatore – 641 018......RespondentsPrayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, praying to call for the records relating to the impugned notification issued by the fourth respondent Selection Committee in Notification No.18/SCS1(1)/2025 dated 24.07.2025 cancelling the petitioner's candidature in the Tamil Nadu UG Medical selection for 2025-2026 under the NRI Quota and debarring him from admission in the Tamil Nadu UG Medical Admission for the next 3 academic years, quash the same and further direct the respondents 1 to 4 to include the petitioner in the list of NRI eligible candidates and permit him to participate in the counselling rounds of Tamil Nadu MBBS-UG 2025-2026 under the NRI Quota for admission to the MBBS Course 2025-2026.For Petitioner: Mr.Godson Swaminath for M/s.Isaac ChambersFor R1 to R4: Mrs.M.Sneha Special Counsel for HealthFor R5: Mr.S.Rajesh Government Advocate ORDERPage 2 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025This Writ Petition has been filed challenging the order dated 24.07.2025 passed in Notification No.18/SCS1(1)/2025 by the fourth respondent, thereby cancelled the petitioner's candidature in the Tamil Nadu UG Medical Selection for the academic year 2025-2026 under the NRI Quota and debarred from admission to the Tamil Nadu UG Medical Courses for the next three academic years.2. The petitioner completed his XII Standard in the month of March 2025. He applied for National Eligibility-cum-Entrance Test UG-2025 conducted by the National Testing Agency, India and scored 209 marks out of 720. The fourth respondent issued a prospectus for admission to the MBBS Course for the academic year 2025-2026. The petitioner's paternal uncle, viz., P.V.Sivadasan, is a Non-Resident Indian, residing in Oman and he expressed his willingness to sponsor the petitioner's undergraduate medical degree. Being eligible under the NRI Quota, the petitioner submitted his application under the NRI quota along with the documents as stipulated in the prospectus. Page 3 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 20253. As per the prospectus, the petitioner was required to upload a relationship certificate. Accordingly, the petitioner's father approached one Vellingiri, who was acquainted with one Azaruddin, a person running a e-seva centre, for the purpose of obtaining the relationship certificate and other certificates. Accordingly, the petitioner's father obtained a relationship certificate dated 11.03.2025, issued by Tahsildar South, Coimbatore. On scrutiny of the documents which were uploaded by the petitioner, the fourth respondent found that the relationship certificate was a forged document. After due deliberation, the fourth respondent passed the impugned order dated 24.07.2025, thereby the petitioner's candidature for admission to the Tamil Nadu UG Medical Courses was cancelled and he was debarred from admission under the Tamil Nadu UG Medical Courses for the next three academic years.4. The learned counsel appearing for the petitioner submitted that the petitioner's father's friend Azaruddin, who was running an e-seva centre at Kuniyamuthur, Coimbatore District, had introduced one Vellingiri for the purpose of obtaining the relationship certificate. It Page 4 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025was only through said Vellingiri that the petitioner's father obtained relationship certificate. Neither the petitioner nor his father had any intention to fabricate a false relationship certificate. Admittedly, the petitioner's paternal uncle is residing in Oman and he had expressed his willingness to sponsor petitioner's MBBS education. In fact, after receipt of the order impugned in this writ petition, the petitioner applied for a fresh relationship certificate and the same was duly issued on 28.07.2025. Pursuant to the interim order passed by this Court, the petitioner was permitted to participate in the counselling process for admission to the MBBS Course. The said interim order was challenged by the respondents 1 to 5 herein in W.A.No.2464 of 2025. The Hon'ble Division Bench of this Court, by an order dated 06.08.2025, confirmed the interim order passed by this Court in W.P.No.32841 of 2025, dated 01.08.2025.5. Pending writ petition, the Hon'ble Division Bench of this Court impleaded the Inspector of Police, B3 VH Road Police Station, Coimbatore and directed to conduct an enquiry with regard to the fake certificate furnished through one Vellingir and to submit a report. As Page 5 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025directed by the Hon'ble Division Bench of this Court, the Inspector of Police submitted a preliminary report before this Court on 12.08.2025, wherein it was stated that the petitioner had no malafide intention in obtaining a fake relationship certificate. It was further reported that the petitioner and his father, with a view to expedite the process, had approached Vellingiri, but there was no mens rea on the part of the petitioner to defraud or cheat the Selection Committee with the object of securing a seat under the NRI Quota. Hence, the petitioner had absolutely no intention to cheat any authority. 6. Though the order passed by the Hon'ble Division Bench of this Court in W.A.No.2464 of 2025 dated 06.08.2025 was set aside by the Hon'ble Supreme Court of India in S.L.P. (C) No.22707 of 2025, the Hon'ble Supreme Court of India expressly refrained from making any comment on the merits of the writ petition, in particular to entertain the petition on merit refusing participation in counselling as well as debarring the petitioner for three years. The Hon'ble Supreme Court left all the issues open for decision on merits, except for setting aside the interim protection, in terms of specific provision in the prospectus. It was Page 6 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025further contended that the petitioner was a minor at the time of submitting his application and therefore, he cannot permitted for a period of three years from even applying for admission to a medical seat. 7. Per contra, the learned Special Counsel appearing for the respondents 1 to 4 submitted that the prospectus clearly stipulates that candidates shall be solely responsible for all the documents submitted by them. It further provides that if any candidate is found to have submitted any fake document at any stage of counselling or admission process or later, such candidate's candidature shall be cancelled and any seat already allotted shall stand immediately terminated. The candidate shall also be debarred from participating in Tamil Nadu UG Medical Counselling for the subsequent three academic years. Admittedly, the petitioner produced fake relationship certificate and therefore, the fourth respondent rightly cancelled the petitioner's candidature and debarred him for three years. Therefore, the Hon'ble Supreme Court of India setting aside the interim order passed by this Court and also confirmed the order passed by the Hon'ble Division Bench of this Court.Page 7 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 20258. Heard the learned counsel appearing on either side and perused the materials available on record.9. Admittedly, the petitioner uploaded a fake relationship certificate along with his application for admission to the MBBS Course under the NRI quota. Though the petitioner's paternal uncle, i.e, his father's elder brother, was residing in Oman and had expressed his willingness to sponsor the petitioner's MBBS education, the petitioner's father, instead of directly approaching the competent authority, approached one Vellingiri through his friend Azaruddin, who was running an e-seva centre, for the purpose of obtaining relationship certificate. It is pertinent to note that such a relationship certificate could be issued only by the fifth respondent, the competent authority. Even then, the petitioner's father, through the said Vellingiri, obtained relationship certificate dated 11.03.2025 and uploaded the same along with the application for admission under the NRI quota. The said fake certificate dated 11.03.2025 reads as follows :Page 8 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 202510. On scrutiny of the application submitted by the petitioner, along with all documents, the fourth respondent found that the relationship certificate dated 11.03.2025 was a forged document. The signature of the fourth respondent had been falsified and the official seal of the fourth respondent was also fabricated. Therefore, the fourth respondent cancelled the petitioner's candidature for admission to the Page 9 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025Tamil Nadu UG Medical Courses for the academic year 2025-2026, and debarred him from admission for the next three academic years and also initiated necessary legal action in respect of the production of the forged certificate. 11. Though the petitioner subsequently applied afresh before the fifth respondent and obtained a relationship certificate dated 28.07.2025, the same cannot be considered since the candidature of the petitioner itself was already cancelled. Though at the time of admission, this Court, by an order dated 01.08.2025, directed the respondents to permit the petitioner to participate in the ongoing counselling process for admission to the MBBS Course in the State of Tamil Nadu for the year academic year 2025-2026 under the NRI quota. It was challenged by the respondents 1 to 5 in W.A.No.2464 of 2025. Pending writ appeal, the Hon'ble Division Bench of this Court impleaded the Inspector of Police, B3 VH Police Station, Coimbatore as third respondent and directed them to enquire into the fake certificate obtained through one Vellingiri and to submit a report. Finally, the writ appeal was dismissed and confirmed the interim order passed by this Court. Page 10 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 202512. Aggrieved by the same, the respondents 1 to 5 herein preferred Special Leave Petition in SLP (C) No.22707 of 2025 before the Hon'ble Supreme Court of India. By an order dated 02.09.2025, the Hon'ble Supreme Court of India set aside the interim order passed by this Court and this Court on 01.08.2025 as well as the order of the Hon'ble Division Bench of this Court in W.A.No.2464 of 2025. The Hon'ble Supreme Court of India left the issues open for the decision on merits, in terms of specific provisions in the prospectus. It is relevant to extract the relevant portions of the prospectus for admission to the MBBS Course for the academic year 2025-2026, which read as follows :“IMPORTANT NOTE :●Tamil Nadu Medical Selection Committee discourages candidates from seeking any Agent/Agencies help in application and counselling process.●The candidates and their parents will be solely responsible for all the documents submitted by them.●Do not rely on Agents/Touts in the counsellling process.●All candidates must ensure that they have provided the correct email address and mobile number. When candidates register, they have to enter the OTP received on their registered mobile number and the mobile number and email address are essential in every stage of the counselling and admission process.”Page 11 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025“(i) The candidate will be responsible for all the documents submitted by him/her. Any candidate who is found to have produced/submitted any document/certificate which is false/forged/fake at any stage of counselling or admission process or later, will have his/her candidature canceled and any seat even if allotted/joined will be immediately terminated and necessary legal actions will be initiated against the individual and/or parents. Also, the candidate will not be allowed in the counselling for Tamil Nadu UG medical admissions for the current year (in any category) and also will be debarred from participating in TN UG medical counselling for the subsequent three years. Also, all the fees paid by him/her will be forfeited including Security Deposit and Tuition Fees.”13. Thus, it is clear that if the documents uploaded by the candidate are found to be false/forged/fake at any stage of counselling process, the authorities are empowered to cancel the candidature itself. Further, such candidate shall not be permitted to participate in the counselling process for admission to the Tamil Nadu UG Medical Courses for the year 2025-2026 and shall also be debarred from participating in the counselling process for the subsequent three academic Page 12 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025years. As directed by the Hon'ble Division Bench of this Court, the Inspector of Police, B3 VH Road Police Station, Coimbatore, conducted an enquiry and registered an FIR in Crime No.307 of 2025 for the offences punishable under Sections 336(3), 340(1) and 318 of the Bharatiya Nyaya Sanhita, 2023, against the said Vellingir and others. After registration of the FIR, the Inspector of Police, submitted a report before this Court, wherein it was stated that the petitioner had no malafide intention of obtaining a fake certificate, but only wished to obtain it quickly and for that purpose, approached the said Velligiri. Hence, the report concluded that there was no guilty intention or mens rea on the part of the petitioner to defraud or cheat the Selection Committee.14. Admittedly, the petitioner was a minor at the time of applying for the relationship certificate. Therefore, on his behalf, his natural guardian, viz. his father, applied for the relationship certificate through the said Vellingiri. Though the petitioner had no intention to cheat the fourth respondent, it is evident that his father had the intention to cheat the fourth respondent to obtain a fake relationship certificate Page 13 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025through the said Vellingiri. Therefore, the petitioner cannot be subjected to criminal prosecution, since there was no mens rea on his part to cheat the fourth respondent. Therefore, he can be excluded from the criminal action. But the petitioner had knowledge that his father approached the said Vellingiri to obtain the relationship certificate. The petitioner's father had absolute knowledge that the said Vellingiri is not a competent person to obtain such a relationship certificate. Further, without even submitting a proper application before the competent authority, the relationship certificate was obtained and uploaded to the fourth respondent. Therefore, though no criminal action can be taken as against the petitioner, in terms of the prospectus, his candidature itself can be cancelled and he will not be allowed to participate in the counselling process under the Tamil Nadu UG Medical Admission 2025-2026 under any category and shall also stand debarred from participating in the medical counselling for the subsequent three academic years. Therefore, the fourth respondent rightly cancelled his candidature.15. In view of the forgoing discussion, this Court finds no Page 14 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 2025infirmity or illegality in the order dated 24.07.2025 passed in Notification No.18/SCS1(1)/2025 by the fourth respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 09.09.2025Internet : YesIndex : Yes/NoNeutral Citation : Yes/NoLppTo1. The Additional Chief Secretary to Government,State of Tamil Nadu,Health & Family Welfare Department,Chennai – 600 009.2. The Director,Directorate of Medical Education and Research,Kilpauk, Chennai – 600 010.3. The Additional Director,Directorate of Medical Education and Research,College Road, Chennai – 600 006.G.K.ILANTHIRAIYAN, J.LppPage 15 of 16 https://www.mhc.tn.gov.in/judis W.P.No.29298 of 20254. The Secretary,The Selection Committee,Directorate of Medical Education and Research,No.162, Periyar E.V.R.High Road,Kilpauk, Chennai – 600 010.5. The Tahsildar,Taluk Office,Coimbatore South,Gopalapuram,Coimbatore – 641 018.W.P.No.29298 of 202509.09.2025Page 16 of 16