Asha Sri Murapala, Vs The State of Andhra Pradesh

ASHA SRI MURAPALA, D/O SIVA KUMAR M, AGE ABOUT 23 YEARS, OCC. STUDENT, D.NO. 3-1-115, RAMU QUARRY, RAMARAJYA NAGAR, KABELA ROAD, VIJAYAWADA (URBAN), ANDHRA PRADESH - 520012

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238

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DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS REGISTRAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520008

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DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS CONTROLLER OF EXAMINATIONS, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520008

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NRI MEDICAL COLLEGE AND GENERAL HOSPITAL, REP. BY ITS DEAN, CHINAKAKANI, MANGALAGIRI, GUNTUR DISTRICT,

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ANDHRA PRADESH - 522503

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...RESPONDENT(S):

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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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus a) declaring the action of the Respondents in not permitting the Petitioner to submit the examination application by paying the prescribed examination fee to obtain the Hall Ticket and appear for the Final MBBS Part-ll (CBME) Supplementary Examinations scheduled from 02.06.2026, despite the subsisting interim orders passed by this Hon'ble Court in W.P. No.22030 of 2024, as illegal, arbitrary, unreasonable, violative of Articles 14 and 21 of the Constitution of India and b) consequently direct the Respondents to permit the Petitioner to submit the examination application by paying the prescribed examination fee to obtain the Hall Ticket and appear for the Final MBBS Part-ll (CBME) Supplementary Examinations scheduled from 02.06.2026, and pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith receive the examination fee (Online/Offline) from the Petitioner and permit submission of the examination application for issuing Hall Ticket and permit the Petitioner to appear for the Final MBBS Part-ll (CBME) Supplementary Examinations commencing from 02.07.2026 and all consequential examinations connected therewith, and pass

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Counsel for the Petitioner:

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1.TAGORE YADAV YARAGORLA

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.Tata Venkata Sridevi,Standing Counsel For Dr.NTR University of Health Sciences

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WRIT PETITION NO: 22030/2024

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Between:

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ASHA SRI MURAPALA, D/O SIVA KUMAR M, AGED ABOUT 22 YEARS, OCC. STUDENT, DR.NO. 3-1-115, RAMU QUARRY, KABELA ROAD, VIDYADHARA PURAM, VIJAYAWADA - NTR DISTRICT 520 012

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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NRI MEDICAL COLLEGE AND GENERAL HOSPITAL, REP BY ITS PRINCIPAL, CHINAKAKANI, MANGALAGIRI, GUNTUR DISTRICT.

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THE DEAN, NRI MEDICAL COLLEGE AND GENERAL HOSPITAL, CHINAKAKANI, MANGALAGIRI, GUNTUR DISTRICT

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M VISHNUVARDHAN RAO, S/O MANDAVA VENKATA RATNAM GARU, AGED ABOUT 63 YEARS, R/O. FLAT NO. 402, SAMSHRUTI APARTMENTS - GURUNANAK NAGAR COLONY, VIJAYAWADA - AP - 520 008

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DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY THE REGISTRAR, VIJAYAWADA- AP

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...RESPONDENT(S):

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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 writ of Mandamus or any other appropriate writ or direction or order declaring the action of the Respondents in not allowing the petitioner to attend the theory and practical classes, clinical postings and exams on the ground of purported outstanding dues vide communication dated 07-05-2024 which prohibited the petitioner to attend the classes form 02-06-2024, as illegal, arbitrary, colorable exercise of law, contrary to the principles of natural justice and in violation of Article 14 and 21 of constitution of India and consequently direct the respondents to permit the petitioner to attend all the classes and exams, consider the number of days that were not allowed by the

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Respondent college as attended by the Petitioner and further consider the fee paid to the earlier management and to pass

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IA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent No. 2 and 3 to allow the petitioner to attend the classes and clinical postings, immediately and to pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the Petitioner herein to file a Counter to the Writ Petition and pass

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Counsel for the Petitioner:

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1.TAGORE YADAV YARAGORLA

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.G V RAMAKRISHNA PRASAD

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3.Tata Venkata Sridevi,Standing Counsel For Dr.NTR University of Health Sciences

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs: 16948 of 2026 & 22030 of 2024

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The Court made the following Order:

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Heard Sri Tagore Yadav Yaragorla, learned counsel for the petitioners, learned Assistant Government Pleader for Higher Education and Smt. T.V. Sridevi, learned Standing Counsel for the respondent/ Dr.NTR University of Health Sciences.

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The grievance of the petitioner in the instant writ petitions is against the action of the respondents in not permitting the petitioner to submit the examination application form by paying the prescribed examination fee to obtain the hall ticket and appear for the final MBBS Part-II supplementary examinations scheduled from 02.07.2026.

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It is contended that the petitioner was admitted to the MBBS course under Category C in the 4^th respondent-College. During the third year of the course, on account of alleged non-payment of tuition fee, the petitioner was not permitted to attend the classes and practical sessions. Challenging the said action of the respondents, the petitioner approached this Court by way of the instant Writ Petition in W.P.No.22030 of 2024 dated 01.10.2024, seeking a direction to the respondents to allow the petitioner to attend the classes. In the said Writ Petition, interim order was passed directing the respondents to allow the petitioner to attend the classes for Third Year First Semester, until further orders.

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The contention of the petitioner is that by virtue of the interim orders granted in W.P.No.22030 of 2024 dated 01.10.2024, the respondents have allowed the petitioner to attend the classes for 3^rd Year First Semester until further orders. After completion of the academic programme and completion of classes, the petitioner had appeared for the Third Year Professional MBBS examinations conducted by 3^rd respondent University and she was declared passed. Thereafter, she had attended for final year MBBS Part-II (CBME) supplementary examinations for 4^th year. The schedule of the examinations would be from 02.07.2026 to 22.07.2026. When the petitioner had approached the respondent-College for submission of examination application form and payment of examination, the respondents have refused to permit the petitioner and denied issuance of hall-ticket. Thus, filed the instant writ petition No.16948 of 2026 alleging that, despite, the interim orders in the earlier writ petition in W.P.No.22030 of 2024 allowing the petitioner to attend the classes’, the respondents have not issued application form for payment of examination fee. The learned counsel for the petitioner relies on the Judgment of the Apex Court in the case of Indian School, Jodhpur and another Vs. State of Rajasthan and others¹ .

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Learned counsel for the respondents would submit that the University has issued examination notification on 01-06-2026 for supplementary examinations of Final MBBS Part-II scheduled to be commenced from 02-072026. The cut-off date for submission of examination application was 15-06-

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1 (2021) 10 Supreme Court Cases 517

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In response to the examination notification, the Principal, NRI Medical College, Mangalagiri has furnished the list of candidates for examinations along with attendance, exam fee and internal marks etc. In the said list, it was mentioned that the petitioner has not registered the examination. The University after verifying the data furnished by the Principal, has issued hall tickets to the eligible registered candidates.

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Learned counsel for the respondents would submit that the application forms for examination should be submitted through online mode on the website provided by the University. There is no procedure of accepting the applications in physical form. Therefore the allegation of the petitioner that the College did not allow them to submit the examination fee is not tenable. And the last date of payment for fee also had lapsed and it is further submitted that the petitioner is also due of tuition fee and the same was not remitted despite repeated reminders. Thus submits that the petitioner is not entitled to be issued hall ticket. Learned counsel for the respondents would further place reliance on the Judgment rendered by the Division Bench of this Court in Writ Appeal No.847 of 2023.

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It is stated by the learned counsel for the petitioner that the petitioner’s examination is scheduled on 08-07-2026.

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Considered the submissions. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petitions with the following directions:

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a. The respondent No.3 is directed to receive the examination fee that would be paid by the petitioner forthwith and allow the petitioner to write the examination scheduled on 08-07-2026

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b. The respondent Nos.3 & 4 in W.P.No.16948 of 2026, shall allow the petitioner to appear for the ongoing examinations for the IV year Supplementary Examinations commenced on 02-07-2026.

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c. This order will not absolve the petitioner from paying the tuition fee stated by the college to be due from the petitioner, for the academic years 2022-23, 2023-24 & 2024-25.

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d. The petitioner shall remit the Tuition Fee due to the respondent-College, within a period of three (03) months from the date of receipt of the order.

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