Disposed

Vemagiri Anjali v. The State of Andhra Pradesh

Andhra Pradesh HC21 Aug 2023WP/1201/2023

Case brief

AI extract

What is this about?

Petitioner challenged a college's demand for full tuition fees to return original documents seeking withdrawal. Petitioner sought writ under Article 226. Court directed college to forward representation to University for orders. Court directed petitioner to pay prescribed penalty before document release.

What did the court decide?

Petitioner to pay dues and penalty; college to forward representation to University for orders; 4th respondent to release documents within three days after payment.

Vemagiri Anjali Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1201 OF 2023

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Between:

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Vemagiri Anjali, D/o.V. Satyanarayana, Age. 19 years, Occ: Student, Rio. H.No.1-221/20, Kondayyapeta, Peddapuram, East Godavari District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Health Medical and Family Welfare Department, Secretariat, Velagapudi, Guntur District.

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National Medical Commission, Rep.by the Board of Governors Through its Joint Secretary, Pocket 14 Sector 8, Dwarka Phase-1, New Delhi-110077

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Dr. YSR University of Health Sciences, Vijayawada, rep. by its Registrar (Previsously Dr. N TR Health University Sciences), A.P. Vijayawada, Krishna District.

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KIMS Dental College and Hospital, Rep. by its Principal, NH-216, Chaitanya Nagar, Amalapuram, East Godavari District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order, writ or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 4th respondent in demanding the petitioner herein demanded to pay the entire tuition fee for all the 4 years for returning the original documents i.e., SSC Marks Memo, Intermediate Certificate, Intermediate Transfer Certificate, Study and Conduct Certificate from 6th to 10th, Caste Certificate belonging to the petitioner as illegal, arbitrary, unjust and violation of Fundamental Rights guaranteed under Constitution of India and consequently direct the^4th respondent not to insist for payment of entire tuition fee for all the 4 years for returning the original documents i.e., SSC Marks Memo, Intermediate Certificate, Intermediate Transfer Certificate, Study and Conduct Certificate from 6th to 10th, Caste Certificate belonging to the petitioner and

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further direct the 4th respondent to return the original documents belonging to the petitioner, in the interest of justice.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4th respondent to return the original documents i.e., SSC Marks Memo, Intermediate Certificate, Intermediate Transfer Certificate, Study and Conduct Certificate from 6th to 10th, Caste Certificate belonging to the petitioner, without insisting the petitioner for payment of entire tuition fee for all the 4 years for returning the original documents, in the interest of justice.

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Counsel for the Petitioner: SRI E. V. V. S. RAVI KUMAR Counsel for the Respondent No.1 : GP FOR MEDICAL HEALTH AND FAMILY WELFARE

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Counsel for the Respondent No.2 : SRI S. VIVEK CHANDRA SEKHAR, SC FOR NMC

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Counsel for the Respondent No.3 : SRI G. VIJAY KU MAR, SC FOR YSR UNIVERSITY Counsel for the Respondent No.4 : SRI CHALLA GUNARANJAN

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE VENKA`TESWARLU NIMMAGADDA

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WRIT PETITION No.1201 of 2023

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ORDER:

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The present Writ Petition is filed under Article 226 of the

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Constitution of India, seeking following relief:

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"... to issue an appropriate order, writ or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the^4th respondent in demanding the petitioner herein demanded to pay the entire tuition fee for all the 4 years for returning the original documents i.e., SSC Marks Memo, Intermediate Certificate, Intermediate Transfer Certificate, Study and Conduct Certificate from 6t12 to 10th, Caste Certificate belonging to the petitioner as illegal, arbitrary, unjust and violation of Fundamental Rights guaranteed under Constitution of India and consequently direct the 4th respondent not to insist for payment of entire tuition fee for all the 4 years for returning the original documents i.e., SSC Marks Memo, Intermediate Certificate, Intermediate Transfer Certificate,, Study and Conduct Certificatetcate from 6th to 10tti Caste Certificate belonging to the petitioner and further direct the 4th respondent to return the original documents belonging to the petitioner, in the interest of justice, and pass such other order or orders..."

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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The learned counsel for the petitioner submits that the petitioner secured BDS at the 4th respondent college and joined in the course on 23.04.2022 vide admission No.741 /A/KIMSDC/ 2021-2022. While joining into the 4th respondent college, the petitioner submitted all original documents i.e., SSC Marks Memo, Intermediate Transfer Certificate, Study and Conduct Certificate

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NV,] W. P. No.1201 of 2023

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from 6th to 10th and Caste Certificate. It is further submitted that the petitioner also deposited Rs.50,000/- to the 4th respondent towards tuition fee and for the entire course, she is liable to pay Rs.2,09,000/- as tuition fee for all the four years. Later, the petitioner intended to withdraw her candidature from the BDS course and she wants to pursue other course by again appearing NEET examination. Accordingly, she appeared for next year NEST examination and to pursue other course, requested 4th respondent college for return of original documents. For which, she submitted a representation dated 08.05.2023. Even after receipt of the said representation, the 4th respondent neither returned the documents nor replied to the representation of the petitioner. Hence, the Writ Petition.

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On the other hand the learned^{StandingCounselfor3rd} respondent filed counter affidavit wherein it is stated that as^per the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of^{AdmissionsintoUnderGraduate} Medical and Dental Professional Courses)^{Rules, 2007, which were} made under G.O.Ms.No.72 dated 15.07.2019, Rule 6(p) contemplated as under:

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"If any candidate wants to withdraw^{from the course after the} closure of admissions in the middle of the^coursesuch

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NV,J W P.No.1201 of 2023

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candidate has to submit the request through the principal of the college concerned along with course discontinuation fee Rs.3, 00, 000/- for MBBS and Rs.1, 00, 000/- for BDS course and GST as applicable to the University by way of demand draft".

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The said penalty was also informed to the petitioner vide

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cancellation instructions of BDS admissions 2021-2022.

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"If any candidate wants to cancel the BDS seat in the middle of the course or after closure of admission he/she has to pay penalty of Rs. 1,00,000/- plus GST @ 18% applicable as per orders of Government of AP".

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In view of the same, the petitioner has to pay Rs. 1,00,000/ -

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as penalty towards cancellation of admissions to the^3rd respondent University and after payment of such penalty, the University can permit the petitioner to withdraw the candidature from the said course. The learned counsel for the 4th respondent also submits that since the petitioner submitted representation dated 08.05.2023 the same can be forwarded to the^3rd respondent University for appropriate orders and after receipt of the decision/orders from the 3rd respondent, the 4th respondent college is ready to hand over the documents as per the permission orders of the 3rd respondent.

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Having regard to the submissions made by the learned counsel for the petitioner as well as learned counsels for the respondents, this Court is of the considered view that the present

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NV, J W.P.No.1201 of 2023'

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Writ Petition can be disposed of since the facts are admitted by both the counsel. The 4th respondent herein directed to forward the representation of the petitioner dated 08.05.2023 within a period of one week from today to the 3rd respondent and thereafter the 3rd respondent is directed to consider the same and pass appropriate orders within a period of two (02) weeks. Thereafter, the petitioner shall pay dues as well as penalty as prescribed under Rule 15 with immediate effect and after such payment; the 4th respondent is directed to release original documents as stated above within a period of three (03) working days, subject to compliance of the payment by the petitioner.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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Consequently, Interlocutory Applications, if any, pending in this Writ Petition shall stand closed.

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SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary to^{Government, Health Medical and Family Welfare} Department, State of Andhra^{Pradesh, Secretariat, Velagapudi, Guntur} District.

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The Board of Governors^{National Medical Commission, Through its Joint} Secretary, Pocket 14 Sector 8, Dwarka^{Phase-1, New Delhi-110077}

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The Registrar Dr. YSR^{University of Health Sciences, Vijayawada, (Previously} Dr. NTR Health University Sciences),^{A.P. Vijayawada, Krishna District.}

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The Principal, KIMS Dental College^{and Hospital, NH-216, Chaitanya Nagar,} Amalapuram, East Godavari District.

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One CC to Sri E. V. V. S.^{Ravi Kumar, Advocate [OPUC]}

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Two CCs to GP for^{Medical Health and Family Welfare, High Court of Andhra} Pradesh. [OUT]

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One CC to Sri S. Vivek Chandra^{Sekhar, SC for NMC (OPUC)}

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One CC to Sri G. Vijay Kumar,^{SC for YSR University (OPUC)}

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One CC to Sri Challa Gunaranjan,^{Advocate (OPUC)}

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Two C.D. Copies

Cnr

HIGH COURT

DATED:21/08/2023

ORDER

WP.No.1201 of 2023

DISPOSING OF THE W.P. WITHOUT COSTS

Vemagiri Anjali v. The State of Andhra Pradesh

Case brief

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Vemagiri Anjali v. The State of Andhra Pradesh

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