IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 17.03.2025 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.18507 of 2022 M/s.Mohammed Irfan, S/o.Mohammed Shafi, No.16, New No.5/A, Gangadharan Street, Thirupathur Taluk and District.

... Petitioner Vs.

1. The Principal Secretary Health and Family Department, Secretariat, Chennai 600 009.

2.The Director, Directorate of Medical Education, Kilpauk, Chennai- 600 010.

3.The Principal, Government Medical College and Hospital, Dharmapuri- 636 701.

4.The Deputy Superintendent of Police, Crime Branch CID, Madurai Range, Madurai.

(R-4 Suo Motu Impleaded Dt.11.10.2022 Made in W.P.18507/2022)

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records in letter no. e/f/vz;/7525-kf 1-2019, dated 20.05.2020 of the 3^rd Respondent, quash the same and direct the 3^rd respondent to release the Transfer Certificate, 10^th Standard and 10 +2 Mark Statements immediately to the petitioner.

For Petitioner : Mr.R.Swarnavel For Respondents : Mr.E.Sundaram, Government Advocate for RR 1 to 3 Mr.L.S.M.Hasan Fazil, Additional Government Pleader for R4 -----

ORDER

The writ petition is filed for issuance of a Certiorarified Mandamus to quash the impugned order, dated 20.05.2020, of the 3^rd respondent and for consequential direction to the 3^rd respondent to release the Transfer Certificate, 10 +2 mark sheets to the petitioner.

2. The petitioner joined the MBBS course in 3^rd respondent college in the year

2016-2017. The petitioner had to discontinue the course, due to allegation of impersonation in the NEET examination. Before joining the 3^rd respondent college in the year 2016-2017, petitioner joined PRIMS Medical College, at Kancheepuram, under Management Quota. Due to the introduction of NEET prequalification exam in that year, the petitioner was unable to continue the MBBS course in the said college. Meanwhile, PRISM University moved a writ petition before this Hon'ble Court, on behalf of the students, assuring the petitioner that he would be permitted them to pursue his MBBS Course, shortly. During the pendency of the writ petition, the petitioner in order to save time joined and pursued his Medical education, in a college, in Mauritius. In 2018, the petitioner received an intimation letter from the Medical Council of India, directing him to participate in the counseling for admission for MBBS Course, for the academic year 2019-2020. The petitioner was also instructed to produce at the time of his admission, his original Transfer certificate, 10^th, and 10+2 original certificates for verification. The petitioner returned to India with all the certificates. After submitting an undertaking to the Mauritius Medical College, the petitioner participated in the counseling held in Chennai, and was allotted a seat in the 3^rd respondent college. The petitioner submitted all his original certificates, at the time of joining the college. Soon after joining the college, the petitioner came to understand that the admission was not as a result of the aforesaid case and therefore, the petitioner decided to continue his education in Mauritius, by withdrawing his admission from the 3^rd respondent college. The 3^rd respondent demanded Rs.10,00,000/- from the petitioner, which the petitioner paid, but unfortunately, the 3^rd respondent did not return the petitioner's original certificates. However, the petitioner left for Mauritius, to continue his education there.

Whileso, a complaint was filed against the petitioner, before the District Crime Branch, Theni, alleging that the petitioner had gained admission in the 3^rd respondent college, for MBBS course by impersonation in the NEET examination. The petitioner had to return to India to attend the enquiry with regard to the above complaint. The petitioner was issued with a warrant in Crime No. 1 of 2019 by the CBCID, Theni. The petitioner surrendered before the jurisdictional magis