1. Petitioner sought cancellation of BDS admission and return of original documents to participate in subsequent counselling rounds following issues with central versus state community certification requirements. (Para 1 , 2 )
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2026 Supreme(Online)(Mad) 105846
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Surender, J
Shifa Shanavaz – Appellant
Versus
Union Of India – Respondent
WMP NO. 48273 OF 2026
Important Points
A candidate admitted under the OBC category for a medical course must possess a valid Central Government OBC certificate; failure to produce such certificate justifies the cancellation of admission and return of original documents upon the candidate's request.
Subject
Education Law - Medical Admissions
Act Referred
Headnote
(A) Education Law - Medical Admissions - Community Certificate - Requirement of a Central Government OBC certificate for seats allotted under the All India Quota - Candidate ineligible if the caste is not identified in the Central Government's list, regardless of state-level certificates. (Para 2, 3, 5)
(B) Medical Counselling - Cancellation of Admission - Return of Documents - Where a candidate is unable to produce the required category certificate and is not inclined to join the institution, the college is directed to cancel the admission and return original certificates. (Para 6, 7)
(C) Medical Counselling - Stray Round - Eligibility - Participation in stray rounds is subject to eligibility and the specific guidelines of the counselling authority; the court cannot grant entitlement to participate if the candidate does not meet the criteria. (Para 5, 8)
Issues: Whether the petitioner is entitled to the cancellation of her admission and the return of her original documents due to the lack of a valid Central Government OBC certificate.
Result: Admission cancelled and original certificates ordered to be returned.
(B) Medical Counselling - Cancellation of Admission - Return of Documents - Where a candidate is unable to produce the required category certificate and is not inclined to join the institution, the college is directed to cancel the admission and return original certificates. (Para 6, 7)
(C) Medical Counselling - Stray Round - Eligibility - Participation in stray rounds is subject to eligibility and the specific guidelines of the counselling authority; the court cannot grant entitlement to participate if the candidate does not meet the criteria. (Para 5, 8)
Issues: Whether the petitioner is entitled to the cancellation of her admission and the return of her original documents due to the lack of a valid Central Government OBC certificate.
Result: Admission cancelled and original certificates ordered to be returned.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Aravind Srevatsa, V. Venkata Seshaiya
For the Respondents: C. Vigneswaran
For the Appellants/Petitioners: Aravind Srevatsa, V. Venkata Seshaiya
For the Respondents: C. Vigneswaran
Table of Contents
2. Petitioner requested admission cancellation to re-participate in counselling; the State contended that counselling rounds were concluded, and switching quotas is prohibited by existing government mandates. (Para 3 , 4 , 5 , 6 )
3. The Court observed that as the petitioner lacks the requisite community certificate for the seat allotted and declined to accept the admission, the college must return original documents. (Para 5 , 7 )
4. An educational institution is obligated to release a student's original documents upon cancellation of admission when the student is ineligible under the category for which the seat was granted. (Para 7 )
5. The institution is directed to cancel the petitioner's admission and return all original documents, without granting the petitioner any entitlement to participate in further counselling rounds. (Para 7 , 8 )
6. Does a student have a right to the return of original documents upon voluntary cancellation of their admission?
Yes, if a student is unable to satisfy the reservation criteria for which they were admitted and chooses not to join the institution, the college is directed to return all original documents submitted during counselling. (Para 7 )
7. Can a student shift from an All India Quota seat to a State Quota seat after the final round of counselling has concluded?
No, once the final round of counselling is completed, switching of colleges between the All India Quota and the State Quota is not permissible under prevailing government directives. (Para 4 , 5 )
PRAYER :
Writ Petition filed under article 226 of the Constitution of India, praying for issuance of writ of mandamus to direct the respondents 1 to 5 to cancel the admission of the petitioner in the BDS course commencing in the Academic year 2026-27 in Karpaga Vinayaga Institute (6th Respondent) and consequently permit the petitioner to participate in the upcoming mop-up rounds (All India Quota and the State Quota) Counselling of the BDS course for academic year 2026 and further direct the 6th Respondent to release the petitioners original documents pending disposal of the above Writ petition.
Order
This petition has been filed seeking a direction to the respondents one to five to cancel the admission of the petitioner in the BDS course commencing in the academic year 2026-27 in Karpaga Vinayaga Institute (sixth respondent) and consequently permit the petitioner to participate in the upcoming mop-up rounds (All India Quota and the State Quota) Counselling of the BDS course for academic year 2026 and further direct the sixth respondent to release the petitioners original documents.
2. The learned counsel for the petitioner submitted that pursuant to her qualification in the NEET UG (Dental) exam, during the course of counselling she secured a seat in the sixth respondent college. However, the petitioner who belongs to the BC (Muslim) community, produced a certificate issued by the State of Andhra Pradesh. The sixth respondent college then informed her that the necessary community certificate from the State of Tamil Nadu had to be produced. Subsequently, the petitioner obtained the same from the concerned authorities. However, the sixth respondent college is now insisting upon a Central Government community certificate, viz., an OBC certificate.
3. The caste of the petitioner does not find a place in the Central Government's identified list of communities. For the said reasons, the learned counsel for the petitioner submitted that a direction be given to the sixth respondent college to cancel the petitioner’s admission and return her original documents, which were submitted at the time of her counselling.
4. On the other hand, the learned Additional Government Pleader appearing for the third respondent submitted that since the third round of counselling has already been completed and the petitioner has secured a seat in the All India Quota, the question of again opting for a seat in the stray round does not arise. To substantiate his arguments he circulated a notice issued by the Government of India, Directorate General of Health Services, Ministry of Health & Family Welfare, NML, New Delhi, a copy of which is scanned below:.
5. Since the petitioner secured a seat in the sixth respondent college on the basis of the OBC reservation and since her caste is not identified by the Central Government in the OBC category, the question of the petitioner being allotted a seat in the sixth respondent college does not arise. Further, the learned Additional Government Pleader submitted that the student will not have any option to participate in the stray round since the third round is the final round and switching of colleges from All India Quota to State Quota is not permitted in accordance with the notice dated 10.10.2026.
6. The learned counsel for the petitioner submitted that they would take the risk and sought a direction from this Court to cancel the petitioner’s admission in the sixth respondent college and to return all her original documents.
7. Accordingly, as the petitioner is not inclined to join the sixth respondent college and inasmuch as she does not have the OBC certificate under the category in which she was granted a seat, the sixth respondent college is directed to return all the original certificates to the petitioner, after cancelling her admission.
8. It is made clear that this Court in any manner does not entitle the petitioner to claim any benefits in the stray round if at all she is eligible to participate in the s
