IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 2379 of 2008 BETWEEN: 1 T. Ramnaresh Reddy S/o.T.Siva Rami Reddy, R/o.D/F6, Vandana Apartments, Pedaiah Street, Labbipet, Vijayawada, Krishna District. 2 K. Manorama D/o.K.Hanumantha Rao, R/o.II Addl. Junior Civil Judge, Judges Quarters, Eluru, W.G. District. 3 R. Sriharsha D/o. R.Venkateswara Rao, R/o.No.4-5-79/2, Koretapadu, 5th lane, Guntur. 4 L. Manasa D/o. S. Sarojini, R/o.10-16-25, Markut Road Etcherla Street, Srikakulam. 5 J. Hymavathi D/o. J. Krishna Vardhani, R/o.H.No.17-127/126, Near Ganesh Temple, Sri Raghavendranagar Colony, Anapurna Nagar, Uppal, Hyderabad. 6 K.L. Suneela D/o. K. Murali Krishna, R/o.101, Lokesh Towers, Moghalrajpuram, Vijayawada, Krishna District. 7 K. Swathi D/o. K. Kishna Reddy, R/o.Plot No. 173, Padmavathi Colony, Nalgonda. 8 C. Swathi D/o. C.V. Styanarayana, R/o.3-12-117/5/B/3, R/o. P.S. Colony, Ramanthapur, Hyderabad. 9 G. Sri Ranjitha D/o. G. Gopala Rao, R/o.29-4-17/1, Kodandaramireddy STreet, Governerpet, Vijayawada, Krishna District. 10 B. Sri Radhika D/o. B.V.Sagar, R/o.D.No.58-21-8/1, Vidyuthnagar, Butchirajupalem, Visakhapatnam. 11 G. Meena Padmaja D/o.G.Sambasiva Rao, R/o.20-17-4, Bapuji Road, Sangadigunta, Guntur. 12 Veena Kumari Misthy D/o.Baleswar Misthy, R/o.Arudhura-2, Meghadripeta Colony, Kameharapalem, Visakhapatnam. 13 B. Surya Kumari D/o. B. Satyanarayana, R/o.9-1-60, Hukumpeta, Vizianagaram. 14 B. Suchitra D/o. B. Venkateswarlu, R/o.MIG II/25, Midhilapuri VUDA colony, Madhurawada, Visakhapatnam. 15 K.V. Bhavani D/o. K. Krishna Murthy, R/o. Anjanadri Colony, Prahaladapuram, Gopalapatnam, Visakhaptnam. 16 B. Krishna Sheela D/o.B.Venkateswara Rao, R/o.D.No. 30-1-9, Babu Tanay Centre, Janda Panja Road, Rajahmundry, E.G. District. 17 Yarragunta Kalyan Chakravarthi S/o.Y.Sambasiva Rao R/o.Ananthavarapadu, Vatticherukuru Mandal, Guntur District. 18 N.Sarath Chandra Yadav S/o.N.Nagamalleswara rao R/o.D.No.10-10-55, Kogantivari Street, Chencupet, Tenali, Guntur District. 19 G.Naga Chaitanya S/o.G.Sambasiva Rao, H.No.9-639, Perecherla Centre, Guntur District. 20 K.Chiranjeevi S/o.K.G.Mohana Rao, R/o.Nalanagula Street, Julumur Post & Mandal, Srikakulam District. 21 Diana Vemulapalli D/o.Goutham V. R/o.4-5-31/18, Near L.F.E.M. School, Vidyanagar, Guntur. 22 K.Vikram Kumar S/o.K.Venkat Reddy, R/o.Kothagudem, Velidanda Post, Garidepally, Nalgonda District. 23 G. Uday Kiran S/o. Dr. G. Anjaiah, R/o.Archana Childrens Nursing Home, Doctors Colony, Miryalguda, Nalgonda District. 24 Vijaykumar Punnapu S/o.P.Subba Rao, R/o.4-8-90, Karanam's Street, Koritepadu, Guntur. 25 Raghuveer Karne S/o.K.Paripurnachari, R/o.Flat No. 401, CVR Residency, Opp: Koritipadu Chervu, Koritepadu, Guntur District. 26 O. Dilip Kiran S/o.O.Rama Murthy, R/o.D-Block, 403, KSR Complex, Seethammadara, Visakhapatnam. 27 T.Anuroop S/o.Dr.T.Krishna Mohan, R/o.D.No.29-8-40/A, Chiluku Durgaiah Street, Ram Chandra Rao Road, Suryaraopet, Vijayawada, Krishna District. 28 Ram Prahlad K.M. S/o.K.M.Jaya Prakasah, R/o.D.No. 4-5-31/23, Opp: Kamalesh Tower, Vidyanagar, 1st lane, Guntur, Guntur Dsitrict. 29 B.Sarath Kumar S/o.B.Kondala Rao, R/o.D.No.50-1-33, near Gandhi Statute, Gunadala, Vijayawada, Krishna District. 30 M. Mallikarjuna Reddy S/o.M.Rama Krishna Reddy, R/o.D.No.9- 511, Fatimanagar, Dachepalli, Guntur District. 31 D.Satyajit S/o.D.Veerabhadra Rao, R/o.D4, Madhav Plaza Apartments, Opp: V.P.S. Public School, Moghalrajapuram, Vijayawada, Krishna District. 32 T.Karthik S/o.Dr.T.Venugopala Rao, R/o.D.No.4-19-117, Vikasnagar, 5th lane, Guntur. 33 V.Naveen Kishore S/o.V.Raja Rao, R/o.D.No.4-6-58/4, near S.B.I. Sattenapalli, Guntur District. 34 M. Anil Kumar S/o. M. Rajaiah, R/o. A.O. LIC Divisional Office, Hanmakonda, Warangal. 35 G. Dushyanth S/o. Dr.G.Sambasiva Rao, R/o.Sri Annapurna ENT Nursing Home, Gandhipet- 1st lane, Chilakalurpeta, Gungur District. 36 P.Krishna Das S/o.P.Venkateswara Rao, R./o.Nandigama Pedna Mandal, Krishna District. 37 L.Srikanth S/o.L.Purnachandra Rao, R/o.H.No.1-1163, Jayaramarao Street, Srikalahasthi, Chittoor District. 38 J.Meghashyam S/o.J.Rama Krishna Reddy, R/o.Veena Hospital old Club Road, Gunturvari Thota, Guntur. 39 K.Sasank S/o.K.V.Ramana, R/o.# 102, Tara Towers, Narachandrababu Naidu Colony, Benj Circle, Vijayawada. 40 Sk.Zubin D/o.Sk.Mohin, R/o.Behind KK Plaza, D.No. 26-13-26, Nagarampalem, Guntur. 41 Nandita.A., D/o.Venkateswarlu.A., R/o.2-2-18/30, D.D. Colony, Baghamberpet, Hyderabad. 42 V.Chalapathi Rao S/o.V.Venkateswarlu, R/o.Vellalur Post, Ponnur Mandal, Guntur District. 43 K.Prasanth S/o.K.Ravindra, R/o.2-22-4, Devineni Venkayya Street, Nandulapeta, Tenali, Guntur District. 44 M.Veeranjaneyulu S/.o.M.Chenchaiah, R/o.Idupukupadu Post, Inkollu Mandal, Prakasam District. 45 K.R.Kishy, R/o.S.F-3, Soundarya Apartments, Punammithota, MG Road, Vijayawada. 46 J.Jhansi Lakshmi D/o.J.Satyanarayana, R/o.MIG-364, Phase-V, H.B. Colony, Lalcheruvu, Rajahmundry, East Godavari Dist. (All the petitioners are Final year Par-2 M.B.B.S. students of N.R.I. Academy of Sciences, Chinakakani, Mangalagiri (M), Guntur District.) ... PETITIONERS AND 1 The State rep. by the Special Chief Secretary to Govt. of A.P., Health, Medical & FW Department, Secretariat, Hyderabad. 2 Dr. N.T.R.University of Health Science, A.P. at Vijayawada, rep. by the Registrar. 3 The Principal, NRI Academy of Sciences, Chinakakani - Mangalagiri Mandal, Guntur District, Andhra Pradesh 522 503. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ or direction particularly in the nature of mandamus or any other appropriate writ, a) Declaring Rule 9 (1)(b) of Andhra Pradesh Un- Aided Non-Minority Professional Institutions (Regulation of Admission into undergraduate Medical & Dental Professional Courses) Rules 2003 to the extent of stipulating that the fee prescribed therein shall be payable by the candidate every year for five years as illegal, void and arbitrary b) Declaring that the prescribed fee shall be collected in full four years only and for the remaining half year course, the proportionate fee alone should be collected. c) Direct the 3rd respondent to return the excess fee collected for from the petitioners forthwith and pass such other order or orders. Counsel for the Petitioners: MR.V.R.AVULA Counsel for Respondent No.1: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for Respondent No.2: MR. D.V. NAGARJUNA BABU Counsel for Respondent No.3: MR. NANDIGAM KRISHNA RAO The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Petitioners, who are prosecuting graduation course in Bachelor of Medicine and Bachelor of Surgery (MBBS) Final Part – II in the NRI Academy of Sciences, Chinakakani, Mangalagiri Mandal, Guntur District, which is an Un-Aided Non-minority professional institution, question Rule 9(1)(b) of the Andhra Pradesh Un-Aided Non-minority Professional Institutions (Regulation of Admission into undergraduate Medical & Dental Professional Courses) Rules 2003 (for short ‘Rules 2003’) to the extent of stipulating that the fee prescribed therein shall be payable by the candidates every year for five years as illegal and arbitrary and to declare that the fee shall be collected for 4½ years alone and to refund the proportionate fee collected in excess. 2. Learned counsel for the petitioners submits that the petitioners were admitted in the first year MBBS course during the year 2003 after restructuring of the course fee in G.O.Ms.No.488 Health Medical and Family Welfare (E1) Department dated 05.09.2003. He further submits that after prosecuting the study of 4½ years and while the petitioners were in Final Year Part – II, they have made a representation in 2008 and thereafter filed this writ petition questioning the aforesaid Rule prescribing collection of fee for five years from the students admitted under the Management Quota (Category – B – 25% of the seats) at Rs.2,00,000/- every year for five years for the MBBS course. 3. Learned counsel for the petitioners further submits that the duration of MBBS course is only 4½ years but the Government issued a Memorandum dated 03.10.2002 relating to the admission into MBBS course and charging of fee, according to which, the fee prescribed shall be collected in full four years only and for the remaining ½ year course, the proportionate fee alone shall be collected and not for the full five years. He further submits that the actual period of MBBS course is only 4½ years and therefore, there is no rationale in framing Rule 9(1) (b) of the Rules 2003. 4. On the other hand, the learned Government Pleader representing the State and the learned counsel appearing for the third respondent having filed their counters stated that the Government Memo dated 03.10.2002 cannot override the Government Order in G.O.Ms.No.488 dated 05.09.2003 as the GO is subsequent to the said memo and the said order has been issued pursuant to the judgment of the Supreme Court in Writ Petition (Civil) No.317 of 1993. 5. As per the said GO, the fee fixed for the course is divided in four installments. It is stated that the management has to incur expenditure for full five years on the entire infrastructure; salaries of Lecturers, Professors and Staff and therefore, it cannot be said that there is no rationale in stipulating the fee for five years. In fact, the Government issued similar Rules in respect of the Government colleges in G.O.Ms.No.486 dated 05.09.2003 entitling the Government Medical Colleges to collect fee for five years in respect of Category B seats. Thus, it is stated that there is no discrimination or illegality or irrationality in fixing the fee for five years. It is further stated that the petitioners, who have been admitted during the academic year 2003-2004 are fully aware of the fee structure fixed by the Government and their liability to pay the fee for five years and it is not in dispute that the colleges have to bear the entire expenditure for five years but not for 4½ years. 6. However, the petitioners are not questioning the quantum of fee but they are questioning the collection of fee for five years on the ground that in the fifth year the college authorities have to collect fee only for ½ year as the course is only for 4½ years. The fee is for the total course, which has been split into five years, therefore, it cannot be said that the collection of fee for five years is illegal and arbitrary. The petitioners are liable to pay the fee for five years. For the aforesaid reasons, we do not find any irrationality or illegality in framing the aforesaid rule. The writ petition is devoid of merit and it is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 10, 2009 DSK