IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDER RESERVED ON : 12.02.2025 ORDER PRONOUNCED ON : 09.04.2025 CORAM THE HON'BLE MRS. JUSTICE N.MALA W .P.No. 3 6396 of 2024 and WMP.No's. 39266, 39267 and 39653 of 2024 Minor Raseetha Raeesa.M Rep. by her father K.Mohamed Shah.

87, PattariyarNeduntheruKottar Vtc: Agastheeswaram Post, Kottar, Sub District: Agastheeswaram, District: Kanyakumari Tamil Nadu- 629 0092. ...Petitioner Vs.

1. The State of Tamil Nadu, represented by the Additional Chief Secretary to Government Health & Family Welfare Department Chennai- 600 009.

2.Directorate of Medical Education & Research represented by its Director, Kilpauk, Chennai- 600 010.

3.Selection Committee, Directorate of Medical Education & Research, Kilpauk, Chennai- 600 010.

4.Panimalar Medical College Hospital & Research Institute Varadharajpuram, Poonamallee Chennai- 600 123. ...Respondents Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorari, call for the records of the 3rd respondent in Ref.No.231/SCSI(1)/2024-5 and quash the order dated 22.11.2024 passed therein.

For Petitioner : Mr. Sathish Parasaran Senior Advocate for Mr.L.Muralikrishnan For Respondents : M/s.M.Sneha Special Officer, for RR1 & 2 M/s.M.Sneha Standing Counsel for R3 Mr.S.Soundararajan for R4

ORDER

The writ petition is filed challenging the impugned order dated

22.11.2024, cancelling the candidature of the petitioner under the NRI quota.

2. The petitioner applied for admission for MBBS course under the NRI quota. The petitioner produced the NRI certificate at the time of applying for the seat under the NRI quota. The petitioner was allotted a seat in the 4th respondent institution and she started attending the classes from 14.10.2024. While so, on 22.11.2024, the petitioner was asked to leave the class room and also the hostel room. On 22.11.2024, the petitioner's father received a notice dated 18.11.2024, of the 3rd respondent, wherein it was mentioned that the NRI certificate produced by the petitioner to the Tamil Nadu Medical Selection Committee Counselling website was not genuine. The 3rd respondent called for an explanation from the petitioner regarding the fake certificate produced by the petitioner. The petitioner's father enquired with his relatives and thereafter, on 25.11.2024, the petitioner's maternal uncle was issued an NRI certificate dated 25.11.2024, issued by the Vice Consul (Passport), Consulate General of India, Jeddah (Saudi Arabia), certifying that he was an NRI and that he may be extended all courtesies and facilities as admissible to Non-resident Indians (NRIs). The petitioners father thereafter approached the 3rd respondent on 25.11.2024, with an explanation letter along with the copy of the NRI certificate, dated 25.11.2024. However, by the impugned order dated

22.11.2024, the 3rd respondent cancelled the petitioner's candidature under the NRI quota. Aggrieved by the impugned order, the petitioner has filed the above writ petition.

3. The 3rd respondent filed detailed counter in the form of vacate stay petition stating that the writ petitioner was allotted a seat at Muthukumaran Medical College, in the first round of counseling based on the NRI certificate dated 31.07.2024, issued by the Consulate General of India, Jeddah. As per clause 8(viii) of the Prospectus, the petitioner uploaded the NRI certificate dated 31.07.2024. Thereafter, the petitioner was upgraded and allotted a seat in the 4th respondent institution in the second of counseling under the NRI quota. The respondent further stated that the respondent had sent the NRI certificate of the petitioner dated 31.07.2024, for verification of its genuineness to the Vice Consul (Passport), Consulate General of India, Jeddah, and the consulate informed through e-mail dated 20.10.2024, that the NRI certificate produced by the petitioner dated 31.07.2024, was a fake one. Therefore, invoking clause

8(xii) of the prospectus, the 3rd respondent cancelled the