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CDJ 2026 MHC 847
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| Case No : W.P. (MD) No. 32126, 33121 & 32860 of 2025 & W.M.P (MD) Nos. 25269, 26139, 26140, 25911 & 25912 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR |
| Parties : N.A. Chanheetha & Others Versus The Deputy Secretary, Tamil Nadu Public Service Commission, Chennai & Others |
| Appearing Advocates : For the Appearing Parties: M/s. Mohan, Senior Counsel for M.P. Senthil, M/s. J. Anand Kumar, Standing Counsel, Isaac Mohanlal, Senior Counsel, M/s. Isaac Chambers, K.C. Sathish Kumar, M/s. Prabhu Rajadurai for M/s. T. Aswin Raja Simman, M/s. N. Anandapadmanaban, Senior Counsel for M/s. APN Law Associates. |
| Date of Judgment : 27-01-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
2. Catch Words:
- Writ of Certiorari
- Cancellation of degree
- Show cause notice
- PSTM reservation quota
3. Summary:
The petitioners challenged the university’s order cancelling their degrees, alleging lack of a show‑cause notice and non‑disclosure of the committee report that deemed their admission “not genuine.” The university argued that the admissions were invalid and that the PSTM certificates were obtained fraudulently. The court noted that the degree cancellation was effected after seven years without due process, and even if the PSTM certificate were fraudulent, it did not automatically invalidate the degree. Consequently, the impugned orders were set aside and the matter remitted to the university to issue a show‑cause notice and consider the petitioners’ explanations. The university was directed to follow law in any further action. The writ petitions were allowed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORARI calling for the records relating to the impugned proceedings dated 16.10.2025 issued by the 2nd respondent in Ref MKU/CDOE/2025 and quash the same.
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the Impugned order in Ref MKU/CDOE/2025 dated 16.10.2025 on the file of Respondent and quash the same as illegal.
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the Impugned order in Ref MKU/CDOE/2025 dated 16.10.2025 on the file of Respondent and quash the same as illegal.)
Common Order:
1. These writ petitions have been filed challenging the order passed by the first respondent University wherein the degree obtained by the petitioners have been cancelled under the impugned order.
2. According to the learned Senior Counsel appearing for the writ petitioners, they joined the respective degree courses in the first respondent University and studied under the Tamil medium. They had applied for Group-I services through the recruitment notification issued by the Tamil Nadu Public Service Commission, vide notification No.1 of 2020, dated 20.01.2020.
3. All the petitioners were selected under the PSTM reservation quota under the Group-I services. A writ petition came to be filed in W.P.(MD)No. 8025 of 2020 wherein the selection of the petitioners and others under the PSTM quota was challenged. This Court has passed an order to conduct an enquiry into the said issue. Since no proper enquiry was conducted, the Contempt Petition in Cont.P(MD)No.918 of 2021 was filed, which had resulted in formation of a committee by the TNPSC. Therefore, the TNPSC had formed the committee and based upon the report, the selection of the writ petitioners and others were cancelled on 04.09.2025.
4. According to the learned Senior Counsel appearing for the writ petitioners, the present impugned order is based upon the orders passed by this Court in contempt proceedings and also a letter from the Deputy Superintendent of Police, Vigilance and Anti Corruption, Madurai, dated 16.12.2021. Based upon the above said orders of this Court and the letter of the Deputy Superintendent of Police, Vigilance and Anti Corruption, Madurai, the University has formed a four member committee for verification of the validity of the degree obtained by the petitioners. The Committee has submitted a report on 06.10.2025 and found that the admission of the petitioners to the said course is not genuine. Based upon the report, the present impugned orders have been passed on 16.10.2025 cancelling the degree.
5. According to the learned Senior Counsel appearing for the writ petitioners, the committee's report dated 06.10.2025 was not furnished to them. They have not been issued with any show cause notice before cancellation of the degree. He further submitted that even assuming that the PSTM certificate issued to them is not valid, even then the degree could be valid. Without considering the said aspect, merely based upon the cancellation of the selection by the TNPSC, the University has proceeded to cancel the degree certificate without issuing any show notice to them.
6. The learned Senior Counsel appearing for the first respondent University submitted that their admission to the course itself is invalid. There are no records in the University to show that the petitioners were admitted to the said course. He further submitted that the petitioners are also not able to produce any document to the effect that they got admission to the course. He further submitted that some of the petitioners who are already degree holders have chosen to get admission in the University only in order to get PSTM certificate. He further contended that after the final examinations are completed, the petitioners herein have made a request to change the medium of instruction from English medium to Tamil medium so as to enable them to get PSTM certificate. He further submitted that their very admission to the said courses are doubtful and without getting any admission whatsoever, they seem to have appeared for the examination and based upon the results, they were able to get PSTM certificate.
7. The learned Standing Counsel appearing for the Tamil Nadu Public Service Commission submitted that the PSTM Certificate obtained by the petitioners from the first Respondent University cannot be segregated from the degree obtained from them. He further submitted that when the degree itself has been obtained by fraudulent means, the PSTM certificate automatically goes and the selection has already cancelled. He further submitted that only for the purpose of obtaining PSTM certificate, the petitioners have chosen to get admission through dubious means in the first respondent University.
8. I have considered the submissions made on either side and perused the materials available on record.
9. A perusal of the order impugned in the writ petition reveals that the degree certificate issued by the first respondent University in favour of the writ petitioners in the year 2017-2018 have been cancelled under the impugned order on 16.10.2025 after a period of 7 years. The perusal of the impugned order further reveals that based upon a committee report, the University has arrived at a findings that the admission to the degree course is not genuine. Therefore, it is clear that the petitioners have not been furnished with a copy of the committee report or the petitioners have been put on notice before the impugned order has been passed. The cancellation of the degree certificate has got a serious consequences. Even assuming that the PSTM certificate obtained by the writ petitioners is through fraudulent means, that is not likely to affect the degree obtained by the petitioners, in case if it is proved that their admission to the said course is following the proper procedure adopted by the University.
10. In view of the above said facts, the orders impugned in the writ petitions are hereby set aside and the matter is remitted back to the file of the first respondent University. The first respondent University is directed to issue show cause notice along with all the records which are relied upon by them. The petitioners shall submit their explanation within a period of 2(two) weeks from the date of receipt of show cause notice from the first respondent University. Based upon the explanation, the first respondent is directed to proceed in accordance with law.
11. Accordingly, these writ petitions stand allowed. No costs. Consequently, connected miscellaneous petitions are also closed.
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