IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.1734 OF 2010 Between: Kaja Yogesh. … Petitioner And Dr.N.T.R.University of Health Sciences, represented by its Registrar and three others. … Respondents This Court made the following: HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.1734 of 2010 ORDER:- The petitioner was admitted into 1st year M.B.B.S.Course against a Managemental category seat in the Christian Medical College-3rd respondent herein. However, the recognition of the college was discontinued by the Medical Council of India, when the petitioner is half way through in the course. With the intervention of the 1st respondent- University, the students who were studying in 3rd respondent- college are admitted in the 2nd respondent-college in various Government medical colleges in the 5th year. The petitioner came to be allotted to the Government Medical College, Anantapur. On completion of the course, he made a request for return of the certificates. On the basis of instructions issued by the 1st respondent, the principal of the 2nd respondent insisted that unless the petitioner clears the arrears of fee payable to the 3rd respondent and to the University, the certificates would not be returned. The petitioner feels aggrieved by the action of 1st and 2nd respondents. The 1st respondent filed a detailed counter affidavit. It is stated that detailed discussion had taken place with the participation of the University, the 3rd respondent, the parents of the students and the director of medical education and it was decided that since the 3rd respondent college is closed, no arrears of fees payable to it must be recovered by the respective colleges to which the students have been allotted and on realising the legal complications involved in the matter, revised instructions were issued as recently as on 09.03.2010. According to the revised instructions, the certificates that are available with the 2nd respondent are directed to be returned on payment of the fee payable to the college and the University. As regards the return of the certificates that are deposited with the management with C-category students, it is left open to the students to approach the management. Heard Sri Nyayapathi Prashant, learned counsel for the petitioner and Sri D.V.Nagarjuna Babu, learned counsel for the 1st respondent. The petitioner joined the 3rd respondent college against C- category seat. There is some uncertainty or dispute as regards the amount of fee payable by the petitioner and the dues to the 3rd respondent. In view of the closure of the 3rd respondent institution, it appears that the University and the Government evolved a scheme whereunder the students in their 5th year would be allotted to Government colleges and the fee payable to the 3rd respondent institution would be made available to it after recovery by the concerned colleges. There is certainly a justification for collection of fee payable to the Government College. However, insistence of payment of arrears to the 3rd respondent college is not at all permissible on the part of the 1st and 2nd respondents. Obviously, on realising this, the 2nd respondent issued revised instructions. The petitioner has been returned the certificates that were available with the 2nd respondent. In that view of the matter, the grievance of the petitioner vis-à-vis, the 1st and 2nd respondents, stands redressed. The writ petition is accordingly closed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 10th March 2010 lmv