Dr. Somu Sai Praneetha, Vs The State of Andhra Pradesh

DR. SOMU SAI PRANEETHA,, D/O SOMU KRISHNA MURTHY, AGED ABOUT 23 YEARS, OCC- STUDENT, R/O FLAT NO.1610, MID-VALLEY CITY, ATMAKURU, MANGALAGIRI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH-522302.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI.

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THE NATIONAL MEDICAL COMMISSION, REP BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARKA, PHASE-1, NEW DELHI.

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

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NRI MEDICAL COLLEGE AND GENERAL HOSPITAL, REP BY ITS PRINCIPAL, CHINNAKAKANI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE SUPERINTENDENT, NRI GENERAL HOSPITAL, CHINNAKAKANI, GUNTUR DISTRICT, ANDHRA PRADESH

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N R I ACADEMY OF SCIENCES, REPRESENTED BY ITS

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SUPERVISIONG AUTHORITY, MANGALAGIRI ROAD, CHINAKAKANI -522 503GUNTUR DISTRICT, AP.

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THE SUPERVISING AUTHORITY, (APPOINTED BY THE HONBLE HIGH COURT OF A.P.), N.R.I ACADEMY OF SCIENCES, MANGALAGIRI ROAD, CHINAKAKANI -522 503, GUNTUR DISTRICT, AP. RR 6 AND 7 ARE IMPLEADED AS PER THE COURT'S ORDER DT.22.09.2025 IN I.A.NO. 05 OF 2025.

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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 toIt is prayed that this Honble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents, more particularly A.The Respondent No.4 in issuing Letter vide Lr.No. 1051/MBBS/2018/Fee Due Intimation/2023, Dt.28.8.2023, and demanding payment of Rs. 1,11,33,060/- (Rupees One Crore Eleven Lakhs Thirty -Three Thousand and Sixty Only) as pending fee as being illegal, arbitrary and in violation of Articles 14, 19, 21 of the Constitution of India and also in violation of National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 B. Declaring the Order Dt.16.12.2024 passed by the proposed Respondent No.7 and thereby rejecting the Representation Dt.06.12.2024 submitted by the Petitioner herein as being illegal, arbitrary, violative of Principles of Natural Justice and consequently, set aside the Letter vide Lr.No.1051/MBBS/2018/Fee Due Intimation/2023, Dt.28.08.2023 and the consequential Order Dt.16.12.2024 passed by the Proposed Respondent No.7, and also Provide the Certificates upon completion of the Course to the Petitioner, and pass such other order or orders may deem fit and proper in the facts and circumstances of the case Pending disposal of the above Writ Petition, and pass such other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case. Prayer is amended as per the Court's Order dt.22.09.2025 in I.A.No.07 of 2025.

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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 Nos.4 and 5, to forthwith allow the Petitioner to continue and complete the one year Compulsory Rotating

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Medical Internship (CRMI), pending disposal of the above writ petition and 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 pleased to Direct the Respondent Nos.4 & 5 herein to Produce the Original Records containing the Accounts pertaining to payment of Fees by the C- Category Students for the Years - 2018 to 2024, pending disposal of the above Writ Petition

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IA NO: 2 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 pleased to Direct the Respondent Nos.4 & 5 to reply to the email dated 28.04.2024 of ECFMG Authorities confirming that the Petitioner is bonafide student of the Respondent No.4 Institution/ College, pending disposal of the above Writ Petition

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IA NO: 3 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 pleased to Permit the Petitioners herein to Amend and modify the prayer in the W.P.No.27615 of 2024 as “it is prayed that this Hon‟ble Court may be pleased to issue a “Writ of Mandamus” or any other appropriate writ, order or direction, declaring the action of the Respondents, more particularly, the Respondent No.3 in failing to consider and act on the Representation Dt.08.02.2024 submitted by the father of the Writ Petitioner complaining regarding the High Handed action of the Respondent Nos.4 & 5 in restraining the Writ Petitioner from attending the Compulsory Rotating Medical Internship (CRMI) duties as being illegal, arbitrary and in violation of Articles 14, 19 and 3C0A of the Constitution of India and also in violation of National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 and Consequently direct the Respondent No.3 to direct the Respondent Nos.4 and 5 to allow the Petitioner to continue and complete the one year Compulsory Rotating Medical Internship (CRMI) and to pay the stipend and its arrears to the Petitioner and also Provide the Certificates upon completion of the Course to the Petitioner, notwithstanding the Fee Disputes that are pending between the Father of the Petitioner herein and the Respondent Nos.4&5 and pass such other order or orders may deem fit and

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proper in the facts and circumstances of the case”, pending disposal of the above Writ Petition,

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IA NO: 4 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 pleased to Receive the Additional Material Papers filed along with this Application, pending disposal of the above Writ Petition

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IA NO: 5 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 pleased to Implead the Proposed Respondent Nos.6 and 7 herein as Respondent Nos.6 and 7 in the W.P.No.27615 of 2024 and pass s

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IA NO: 6 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 pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents particularly, A. The Respondent No.3 in failing to consider and act on the Representation Dt.08.02.2024 submitted by the Father of the Writ Petitioner complaining the High- Handed action of the Respondent Nos.4 & 5 in restraining the Writ Petitioner from attending the Compulsory Rotating Medical internship (CRMI) duties as being illegal, arbitrary and in violation of Articles 14, 19 and 300A of the Constitution of India and also in violation of National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021, and B. Declarincj the Order Dt.16.12.2024 passed by the Respondent No.6 and thereby rejectint Lhe Representation Dt.06.12.2024 of the Petitioner herein as being illegal, arbitrary, violative of Principles of Natural Justice, and in violation of National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021, and C. Consequently afreet the Respondent No.3 to direct the Respondent Nos.4 and 5 to allow the Petiiioner to continue and complete the one year Compulsory Rotating Medical Internship (CRMI) and to pay the stipend and its arrears to the Petitioner and also Provide the Certificates upon completion of the Course to the Petitioner, notwithstanding the Fee Disputes that are pending between the Father of the Petitioner herein and the Respondent Nos.4 &5 and Set Aside the Order Dt.16.12.2024 passed by the Respondent No.6 and pass

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IA NO: 7 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 may be pleased to permit the Petitioners herein to Amend and modify the prayer in the W.P.No.27615 of 2024 as “It is prayed that this Hon‟ble Court may be pleased to issue a "Writ of Mandamus" or any other appropriate writ, order or direction, declaring the action of the Respondents, more particularly. A. The Respondent No.4 Lr.No.1051/MBBS/2018/Fee Dt.28.08.2023, and demanding payment of Rs. 1,11,33,060/- (Rupees One Crore Eleven Lakhs Thirty-Three Thousand and Sixty Only) as pending fee as being illegal, arbitrary and in violation of Articles 14, 19, 21 of the Constitution of India and also in violation of National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 in issuing Letter vide Due Intimation/2023, B. Declaring the Order Dt. 16.12.2024 passed by the proposed Respondent No.7 and thereby rejecting the Representation Dt.06.12.2024 submitted by the Petitioner herein as being illegal, arbitrary, violative of Principles of Natural Justice, consequently, Lr.No.1051/MBBS/2018/Fee Dt.28.08.2023 and the consequential Order Dt. 16.12.2024 passed by the Proposed Respondent No.7, and also Provide the Certificates upon completion of the Course to the Petitioner, and pass such other order or orders may deem fit and proper in the facts and circumstances of the case”. Pending disposal of the above Writ Petition, and pass

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IA NO: 8 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 may be pleased to amend the pleadings at Paragraph 14 of the original Writ Affidavit by incorporating the following paragraphs:. It is submitted that, strangely, the Respondent No. 4 issued proceedings dated 28.08.2023 directing the father of the Petitioner to pay Rs.1,11,33,060 (Rupees one crore eleven lakh thirty three thousand and sixty only) tovi/ards arrears of tuition fee. As a matter of fact, the impugned proceedings dated 28-08-2023, are contrary to the EC resolution dated 02-08-2021 and also the communication dated 03-09-2021 wherein the exemption has been granted to the children of the members of NRI Academy of Sciences. Apart from that after completion of the entire course, an no-due certificate date 22-02-2023 has been issued to the petitioner, as stated supra, clarifying that no amount is due towards the tuition fee from the petitioner, the fact of issuance of no due certificate was admitted by the respondent No. 4 in their counter affidavit and unfortunately

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the respondent No. 4 made a futile attempt to give a strange explanation for issuance of the said no due certificate, in fact the clarification given by the respondent No. 4 for issuance of no due certificate is self-explanatory. In addition to that, the respondent No. 4 issued a circular dated 22- 02-2023, which contains 11 names mentioning that those students cannot be permitted to attend internship (CRM!) since they are yet to clear dues of tuition fees, admittedly the name of the petitioner is not figured in the said circular dated 22-02-2023 and the same throws a presumption that no amount of tuition fee is due from the petitioner. This circular clarifies that the impugned proceeding dated 28-08-2023 is issued with vengeance, animosity, and due to the strained relationship between the petitioner‟s father and the respondent No. 4 management. If really the petitioner is due to pay any tuition fees, her name must have been figured in the circular dated 22-02-2023. In view of these reasons, the impugned proceeding dated 28-08-2023 issued by the respondent No.4 is an afterthought and an act of prejudice to harass the petitioner due to the strained relationship between her father and the management. The Petitioner cannot be put to hardship. The Petitioner who is a student, prosecuted her studies in the respondent No. 4 institution, ought not to have been victimised by the management with their personal grudges developed against her father. The action of the 14 A. respondent No. 4 is unethical and incongruous, and the same is set to be set aside. After filing the Writ petition, as per the oral observation14B. of this Hon‟ble Court, the Petitioner made a representation to the Proposed Respondent No.7 i.e.. Supervising Authority, and brought to his notice the fact of issuance of proceedings dated 28.08.2023 by the Respondent No. 4 and requested for appropriate orders for recaliing the same. Unfortunately, the Proposed Respondent No. 7 passed an order on the representation of the petitioner and supported the proceedings issued by the Respondent No. 4 dated 28.08.2023 and strangely directed the petitioner to pay Rs.1,33,00,060/- (Rupees one crore thirty three lakh and sixty only) subject to finalisation of the writ petition. In fact, the Proposed Respondent No.7 has no power/authority to pass such an order. The Proposed Respondent No.7 acted beyond his jurisdiction and passed an order which is totally erroneous. The reasoning given by the Proposed Respondent No. 7 while confirming the order of the Respondent No. 4 is totally unsustainable. The orders of the respondents No. 4 and 7, which are impugned in this writ petition, are hit by the „Doctrine of Promissory Estoppel‟ and also by „Estoppel by Conduct‟, apart from the „Doctrine of Indoor Management‟. Further, the order of the proposed respondent No. 7 is hit by the principles of Natural Justice since the petitioner is not given any opportunity of hearing before the passing of the impugned proceedings dated

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16.12.2024. Unless these two Orders, i.e.. Order dated 28.08.2023 of the Respondent No. 4 and Order dated 16.12.2024 of the Proposed Respondent No. 7 are set aside, the petitioner will be put to irreparable loss and hardship.” In the Writ Affidavit, pending Disposal of the above Writ Petition, and pass

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IA NO: 9 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 may be pleased to Direct the Respondents herein to duly issue the Educational Certificates of the Petitioner herein, pending Disposal of the above Writ Petition, and pass

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Counsel for the Petitioner:

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1.N ASHWANI KUMAR

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Counsel for the Respondent(S):

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1.JYOTHI RATNA ANUMOLU

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2.GP FOR MEDICAL HEALTH FW

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

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The Court made the following:

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ORDER :-

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Heard Ms. P.H.S. Sandya, learned counsel appearing for Sri N. Ashwani Kumar, learned counsel for the petitioner, and learned counsel for the respondents.

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