The High Court directed the respondent medical college to return the petitioner's bank guarantee for the entire course. The amendment in G.O.Ms.No.73 empowered managements to seek guarantees only for succeeding years.
Direction to return the bank guarantee dated 29.08.2015 on condition of substituting a guarantee for the succeeding year only.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY and THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
WRIT PETITION No.35573 of 2015
ORDER: (per RSR, J)
This Writ Petition is filed seeking a Mandamus declaring the action of the respondents, in particular, respondent No.4, in not returning bank guarantee dated 29.08.2015 to the petitioner.
The petitioner admitted into MBBS Course under ‘B’ category medical seat in respondent No.4 College. As per the fee structure fixed by the Government of Telangana for the students admitted into Professional Courses for the year 2015-16, in G.O.Ms.No.41, Health, Medical and Family Welfare (C1) Department, dated 20.05.2015, the petitioner has furnished bank guarantee equivalent to the tuition fee chargeable for the entire course. The order passed by the Government of Telangana in G.O.Ms.No.41 was amended by the order of the Government of Telangana in G.O.Ms.No.73, dated 26.08.2015. The amendment reads as under:
AMENDMENT
The clause No.5 of Notes (both Medical & Dental) in Annexure to G.O.Ms.No.41, Health, Medical and Family Welfare (C1) Department, Dated 20.05.2015 shall be substituted as follows:-
FOR READ AS
| The managements of the | The managements of the |
|---|---|
| institutions may seek |
institutions may seek |
| Bank Guarantee for |
Bank Guarantee for |
| tuition fee chargeable for | tuition fee chargeable for |
| the entire course. | every succeeding year. |
In view of the aforesaid amendment, it is clear that while admitting the students into MBBS/BDS courses under ‘B’ category seats, the managements of the institutions are empowered to seek bank guarantee for tuition fee chargeable for succeeding year only not for the entire course.
In that view of the matter, there is no reason for not returning the bank guarantee furnished by the petitioner by substituting the bank guarantee equivalent to tuition fee for the succeeding year.
It is to be noted that the Registrar, Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada, addressed letter, dated 28.08.2015 to all the principals of Unaided Non Minority Private Medical and Dental Colleges of Telangana State affiliated to Dr. NTR University of Health Sciences, Vijayawada, to comply with the orders passed in G.O.Ms.No.73, dated 26.08.2015. For the aforesaid reasons, this writ petition is disposed of with direction to the fourth respondent to return the bank guarantee furnished by the petitioner dated 29.08.2015 on condition of her substituting the bank guarantee equivalent to the tuition fee for the succeeding year only.
Miscellaneous Petitions, if any pending in this Writ Petition, stand disposed of.
______________________ R.SUBHASH REDDY, J
8th DECEMBER, 2015.
________________________ A.SHANKAR NARAYANA, J kvni
2 issues framed by the court
Whether the medical college management, after the amendment in G.O.Ms.No.73, is entitled to retain the bank guarantee furnished for the entire course fee?
Whether the bank guarantee should be returned to the student upon substitution with a guarantee for the succeeding year only?
2 provisions across 1 enactments
Petitioner
Respondent No.4
R.SUBHASH REDDY
A.SHANKAR NARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
