Madrasdated High Court · 2025

W.A No. 2884 of 20255.The Tahsildar,Taluk Office, Coimbatore South, Gopalapuram, Coimbatore -641018 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the Order dated 09.09.2025 in W.P.No.29298 of 2025.For Appellant :Mr.Godson Swaminathfor M/s.ISAAC CHAMBERSFor Respondents :Mr.M.BindranAdditional Government Pleader - for RR 1 to 3Ms.M.Sneha, Standing Counsel for R4Mr.E.Vijay Anand,Additional Government Pleader - for R5Judgment(Judgment of the Court was delivered by R.Suresh Kumar J.)This intra court appeal has been directed against the order passed by the Writ Court dated 09.09.2025 in W.P.No.29298 of 2025.__________Page 2 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 20252. The appellant herein was one of the candidates who participated in the selection process conducted by the 4th respondent for selection and admission in medical course for the academic year 2025-26. Since he had applied under NRI quota, necessary relationship certificate has to be secured from the authority concerned, who is none other than the Tahsildar, the 5th respondent herein and to be uploaded in the web portal of the 4th respondent. While that being so, the appellant / writ petitioner with the help of his father, secured a relationship certificate dated 11.03.2025 and produced the same by uploading in the web portal. Based on the NRI relationship certificate, the appellant / writ petitioner had been selected for admission to medical course.3. Later, it came to the notice of the 4th respondent / admission authorities that the relationship certificate produced by the writ petitioner / appellant dated 11.03.2025 was a fake one. Therefore, after having conducted a preliminary enquiry since it was found that it is a fake document, the 4th respondent had __________Page 3 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025passed an order on 24.07.2025 cancelling the petitioner's candidature in the Tamilnadu UG Medical Courses Admission and debarring him from participating in the Admission process for the next three academic years. Challenging the said order, the appellant / writ petitioner had approached the writ Court to quash the said proceedings dated 24.07.2025 issued by the 4th respondent. 4. The Writ Court having considered the case projected by the appellant / writ petitioner as well as the 4th respondent, has come to a conclusion that the certificate which had been uploaded initially by the petitioner / appellant as well as his father is admittedly a fake document. When that being so, there has been every justification on the part of the selection authority / 4th respondent to cancel the admission already been given to the writ petitioner and also as per the prospectus that has been issued in this regard by the selection authorities, which is binding both on the candidates as well as the authority who has issued the prospectus, which is a force of law to be implemented, the appellant / writ__________Page 4 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025petitioner has been debarred for three academic years from participating in the Tamilnadu UG Medical Admissions.5. Insofar as the said punishment or cancellation made by the 4th respondent against the writ petitioner / appellant is concerned, the Writ Court was of the opinion that, at the time when the fake certificate was uploaded, the writ petitioner / appellant was a minor and therefore he might not have involved in the fraud / forgery and therefore, insofar as the criminal prosecution that was also mooted to be launched is concerned, he can be exonerated from such kind of allegations made against him, but such a criminal action can be made against the father of the appellant / writ petitioner.6. At the same time, Writ Court also has come to the conclusion that since the writ petitioner / appellant had knowledge about the involvement of his father __________Page 5 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025in getting a fake certificate, the punishment of cancellation of his admission and also debarring him from making application for getting UG Medical Admission for the next three academic years was justifiable one. Therefore, the learned Judge has dismissed the writ petition with the aforesaid view through the impugned order dated 09.09.2025.7. Assailing the said order, the learned counsel for the appellant has brought to our notice that no doubt the certificate in question dated 11.03.2025 which was uploaded initially was a fake certificate and the same has been secured from a third party by the father of the writ petitioner / appellant and in this regard, he submits that such a wrong is committed by the petitioner's father, and the appellant does not have any role and therefore the punishment of not only the cancellation of his admission, but also the three years debarment is an excessive punishment for which he is not liable. __________Page 6 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 20258. Learned counsel for the appellant would also submit that, subsequently through proper channel the petitioner's father has made an application to the 5th respondent, who is the Tahsildar, who after having considered the relationship of the writ petitioner with the NRI who is none else than the paternal uncle of the writ petitioner / appellant, issued a relationship certificate dated 28.07.2025. 9. Insofar as the said certificate dated 28.07.2025 is concerned, it is a genuine certificate and its genuineness is also not in dispute as has been accepted by the 4th respondent. When that being so, the writ petitioner / appellant since being entitled to claim such NRI status and to get admission under the said quota, such maximum punishment of cancellation of admission and also debarring the candidate from applying for UG Medical Admissions for the next three academic years is a very harsh punishment and hence, the learned counsel for the appellant seeks the indulgence of this Court.__________Page 7 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 202510. On the other hand, the learned Standing counsel for the 4th respondent would invite our attention to the relevant clauses of the prospectus, where, under the heading 'Important Note' it is stated that, the candidates and their parents will be solely responsible for all the documents submitted by them. Further Clause (i) of the Disclaimer also has been brought to our notice by the learned Standing Counsel, which reads thus," 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 cancelled and any seat 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 and such."__________Page 8 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 202511. Relying upon this Clause in the Prospectus , the learned Standing Counsel would contend that, if any documents / certificates are found to be fake at any stage of the admission or later, the candidature would be cancelled and any seat, if allotted or joined, will immediately be terminated and necessary legal action will be initiated against the individual and the parents and also the candidate will not be allowed in the counselling for UG Admissions for the current year in any category and also will be debarred from participating in the UG Medical Counselling for the subsequent three years. 12. When these conditions have already been stipulated in the Prospectus, which is binding on both parties, based on which only the certificate that has been produced / uploaded in the web portal by the petitioner as well as his father since has been found to be a fake one, the punishment which has been enumerated in Clause (i) of the Prospectus since are liable to be inflicted on the petitioner / appellant, such an order of cancellation of admission and debarment for three successive academic years, the said punishment has been rightly __________Page 9 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025imposed, she contended. Therefore, the learned Standing Counsel would submit that the punishment awarded against the petitioner / appellant is strictly commensurate with or in consonance with the relevant Clauses available in the Prospectus and therefore that cannot be stated to be excessive or without any authority of law.13. We have considered the submissions made by both sides and have perused the materials placed on record.14. As found by the learned Judge in the order impugned, at the time of uploading the fake certificate, it is an admitted one on the part of the appellant / writ petitioner that, the petitioner was a minor and therefore his direct involvement in creating or collecting such fake certificate may not be possible and to that extent, he can be exonerated from the criminal prosecution.__________Page 10 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 202515. However, since the writ petitioner had the knowledge about the involvement of his parents especially his father to get such a certificate certainly he would be liable to be punished with cancellation of his admission in view of Clause (i) of the Prospectus as we have quoted herein above. But, with respect to the further punishment of debarring him for three successive academic years, whether under the circumstances of the case such a harsh punishment of debarring him for three years is warranted or not is the only question to be answered by this Court.16. In this context, we should not lose sight of the fact that, subsequently by a certificate dated 28.07.2025 the 4th respondent has given the relationship certificate. Therefore, the fact remains that the petitioner / appellant is entitled to get such a relationship certificate and also it is a fact that the writ petitioner's paternal uncle is residing abroad and therefore, these factors since has been stated in the earlier certificate also, which was found to be a fake one, the anxiety on the part of the parents of the writ petitioner/ appellant alone had driven them __________Page 11 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025to land in trouble by getting the fake certificate, for which such a harsh punishment may not be required to be inflicted against the writ petitioner / appellant as he is in the young age, may be a budding doctor, as he was already selected for admission under NRI quota for getting UG Medical Admission for the current academic year 2025-26. Therefore, the extended punishment of debarring him for three successive academic years may be a harsh one in our view. To that extent, we are inclined to interfere with the impugned order. Resultantly, the following orders are passed.(a)The impugned order passed by the Writ Court dated 09.09.2025 is hereby modified to the following effect that, the impugned order before the Writ Court dated 24.07.2025 cancelling the petitioner's admission in the Tamil Nadu UG Medical Admission for the academic year 2025-26 under the NRI quota is to be upheld. Accordingly, it is upheld.(b)However, the further punishment of debarment of the writ petitioner from participating in the Tamil Nadu UG Medical Admissions for the next three consecutive academic years is to __________Page 12 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025be set aside and accordingly that portion of the order dated 24.07.2025 is set aside.(c)The further direction to initiate criminal action against the writ petitioner / appellant is also liable to be set aside and accordingly it is set aside. (d)The impugned order passed by the Writ Court dated 09.09.2025 is modified to be above extent. 17. With the above modifications, the writ appeal is partly allowed. No costs. Consequently, connected miscellaneous petitions are closed.(R.S.K.,J.) (H.C.,J.) 23-09-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoKST__________Page 13 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025To1.The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government,Health and Family Welfare Department, Chennai -600 009.2.The Directorate of Medical Education and Research,Rep. by its Director, Kilpauk, Chennai -600 010.3.The Additional Director,Directorate of Medical Education and Research, College Road, Chennai -600 006.4.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 -641018__________Page 14 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 2025R.SURESH KUMAR J.ANDHEMANT CHANDANGOUDAR J.KSTWA No. 2884 of 2025__________Page 15 of 16 https://www.mhc.tn.gov.in/judis W.A No. 2884 of 202523-09-2025__________Page 16 of 16