IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 7361 of 2004 Between: M.L.Pujya D/o Dr. M.S.R.K. Prasad Narayana Medical college Chintareddypalem, Nellore ..... PETITIONER AND 1 Management of M/S Narayana Medical College and General Hospital Chintareddypalem Nellore Dist 2 Narayana Medical College and General Hospital Nellore rep by its Dean, Chintareddypalem Nellore 3 Government of AP Rep by its Principal Secretary, Helath, Medical & Family Welfare Department, Secretariat, Hyd .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more in the nature of Writ of Mandamus declaring the action of the first and second respondents in demanding payment of Rs. 90,000/- towards college fee instead of Rs.75,000/- from the petitioner as illegal, arbitary and against the Memo.No.9761/E1/2002-1, dt. 30/05/2002 issued by the third respondent and consequentially direct the 1st and 2nd respondents to college fees till she completes the MBBS course by adjusting the excess amount already paid by the petitioner in the future instalments of college fee and pass Counsel for the Petitioner:MR.P.V.S.S.S.RAMA RAO Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: The petitioner was admitted in the first respondent’s College in M.B.B.S. Course for the academic year 2000-01. It is stated that as per the Memo No.9761/M1/2002-1, dated 30.05.2002 of Health, Medical & Family Welfare Department issued by the government, the fee payable for colleges having own hospital is Rs.75,000/-. The maximum fee payable is Rs.75,000/- as per the said memo issued by the government. As the first respondent college is having own hospital, the maximum fee that can be collected is only Rs.75,000/-. But, contrary to the said memo, the first respondent insisted to pay fee of Rs.90,000/- from the petitioner. Questioning the said action, the petitioner has filed this writ petition to declare their demand to pay Rs.90,000/- towards fee as against the requirement of Rs.75,000/- as per the said memo, as illegal and arbitrary. The learned Government Pleader appearing for the third respondent submits that as per the said memo, the private college cannot demand for payment of Rs.90,000/-. This Court by order dated 19.04.2004 directed the respondents 1 and 2 to accept payment of Rs.75,000/- from the petitioner towards college fee. Having regard to the facts of the case, as the respondents 1 and 2 cannot demand more than Rs.75,000/- towards fee as per the said government memo, the writ petition is disposed of directing the respondents to refund the amount, if any, collected over and above Rs.75,000/- from the petitioner. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:21.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{GR}