(MINOR) SHIFA SHANAVAZ vs THE UNION OF INDIA

WP No. 42923 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 42923 of 2026
CNR:{HCMA012511652026}
AND
WMP NO. 48273 OF 2026
(minor) Shifa Shanavaz
Rep. by Father and Natural Guardian,
Mohammed Shanavaz,
401, Block a. Radiance Sapphire,
Model School Extension Road,
Sholinganallur, Chennai-600 119
..Petitioner(s)
Vs
1. The Union Of India
Represented by its Joint Secretary to
Government,
Department of Higher Education,
Ministry of Education,
Shastri Bhawan, New Delhi-110001
2. National Dental commission
Rep. by Secretary,
Plot NO.14, Sector -9, R.K. Puram,
New Delhi-110022
3. The Selection Committee,
Rep. by Secretary,
Directorate of medical Education (DME),
162 Periyar E.V.R. High Court
Kilpauk, Chennai-10
4. Director General of Health and Health Services
Rep. by Secretary,
Ministry of Health and Family Welfare,
Nirman Bhawan, New Delhi-11
5. Medical Counselling Committee (MCC)
Room No.354 Directorate General of Health
__________
Page1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
Services (DGHS) Ministry
of Health and Family Welfare,
Nirman Bhawan,
New Delhi-110011
6. Karpaga Vinayaga Educational Trust,
Represented by its Managing Trustee,
3108 East Second Street,
Pudukottai -622 001
..Respondent(s)
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.
For Petitioner(s): Mr. V.Venkata Seshaiya
For Respondent(s): Mr.C.Vigneswaran,
Additional Government Pleader for R3
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
__________
Page2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
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.
__________
Page3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
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:.
__________
Page4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
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
__________
Page5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
participate in the same. With the above directions, this writ petition is disposed
of. Connected Miscellaneous Petition is closed. Costs made easy.
K.SURENDER J.
16-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VCA
Note: Issue order copy today
__________
Page6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
To
1. The Union Of India
Represented by its Joint Secretary to
Government,
Department of Higher Education,
Ministry of Education,
Shastri Bhawan, New Delhi-110001.
2. National Dental commission
Rep. by Secretary,
Plot NO.14, Sector -9, R.K. Puram,
New Delhi-110022
3. the Selection Committee,
Rep. by Secretary,
Directorate of medical Education (DME),
162 Periyar E.V.R. High Court
Kilpauk, Chennai-10
4. Director General of Health and Health Services
Rep. by Secretary,
Ministry of Health and Family Welfare,
Nirman Bhawan, New Delhi-11
5. Medical Counselling Committee (MCC)
Room No.354 Directorate General of Health
Services (DGHS) Ministry
of Health and Family Welfare,
Nirman Bhawan,
New Delhi-110011
6. Karpaga Vinayaga Educational Trust,
Represented by its Managing Trustee,
3108 East Second Street,
Pudukottai -622 001
__________
Page7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )

WP No. 42923 of 2026
K.SURENDER J.
VCA
WP No. 42923 of 2026
AND
WMP NO. 48273 OF 2026
16-10-2026
__________
Page8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 03:29:09 pm )