IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION Nos.7237 and 23122 of 2004 WRIT PETITION No.7237 of 2004: Between: M.Narasimha Rajkumar S/o. M.Sri Harinath R/o. 13-1-14, Peddakapu Street, Tirupathi. ..... PETITIONER AND 1 Srikalahasteeswara Institute of technology, Srikalahasti, Chittoor District rep by its Correspondent. 2 Commissioner of Endowments Government of A.P., at Hyderabad. 3 Additional Commissioner of Endowments, Govt., of A.P.at Hyd. 4 Jawaharlal Nehru Technological University, Hyderabad rep. by its Registrar. .....RESPONDENTS 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 any appropriate writ, order or direction preferably a writ in the nature of writ of Mandamus, declaring the action of the 1st respondent in refusing to issue application form to the to the petitioner and refusing to process the same to the 4th respondent in spite of there being no dues from the petitioner as being illegal, arbitrary, violative of Article 14 of the Constitution of India and consequently direct the respondents 1 to 3 herein to forthwith issue application form to the petitioner and receive the ﬁlled in application and process the same to the 4th respondent before 16-4-2004 to enable the petitioner to writ his ﬁnal year examinations to be conducted from 30-4-2004 onwards. Counsel for the Petitioner: MR.P.VENUGOPAL Counsel for the Respondents: GP FOR ENDOWMENTS WRIT PETITION No.23122 of 2004: Between: M. Narasimha Rajkumar, S/o. M. Sri Harinath, R/o. 13-1-14, Peddakapu Street, Tirupati. ..... PETITIONER AND 1 Srikalahasteeswara Institute of Technology, Srikalahasti, Chittoor District, rep. by its Correspondent. 2 Commissioner of Endowments, Govt of A.P., at Hyderabad. 3 Additional Commissioner of Endowments, Govt of A.P., at Hyderabad. 4 Jawaharlal Nehru Technological University, Hyderabad, rep. by its Registrar. .....RESPONDENTS 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 Issue any appropriate Writ, Order or direction preferably a writ in the nature of Mandamus, declaring the action of the respondents in not issuing the Original Ceritiﬁcates of the Petitioner, namely; 1. 10th ICSE Certiﬁcate 2. Intermediate Marks list ( Which were handed over to respondents at the time of admission) 3. Consolidated Marks Memo 4. Convocation Certiﬁcate 5. Provisional Certiﬁcate 6. Migration Certiﬁcate 7. Transfer Certiﬁcate 8. Course completion certiﬁcate 9. Study and Conduct Certiﬁcate 10. 4th second semester Marks List pertaining to B. Tech Course, and also not returning the amount covered under the Bank Guarantee given in terms of the Hon'ble Courts Order to the petitioenr, as illegal, arbitrary and vioaltive of Article 14 of the constitution of India and consequently direct the respondents to forthwith retun the original certiﬁcates to the petitioer, and to pass such other and further orders as the Hon'ble Coaurt may deem fit and proper. Counsel for the Petitioner: MR.P.VENUGOPAL Counsel for the Respondents: GP FOR COOPERATION The Court made the following Common Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.7237 and 23122 of 2004 COMMON ORDER: M. Narasimha Rajkumar ﬁled these two writ petitions against Srikalahasteeswara Institute of Technology (SKIT), Commissioner of Endowments, Additional Commissioner of Endowments and Jawaharlal Nehru Technological University (JNTU), Hyderabad. The dispute is with regard to return of original certiﬁcates to the petitioner and bank guarantee furnished by him for Rs.1,25,000/-. Hence, this common order. Be it noted that SKIT is run by Srikalahasteeswara Swamivari Devasthanam, Srikalahasti, Chittoor District, with its Executive Oﬃcer as Correspondent of the college. Commissioner of Endowments is its Chairman. The petitioner obtained admission in B.Tech initially under Non-Resident Indian (NRI) quota by paying a sum of Rs.3,00,000/- in 2001. Subsequently by virtue of his rank in EAMCET-2001 he got admission under management quota. When he got admission under NRI quota he paid a sum of Rs.3,00,000/-. However, as the prescribed fee for management quota is of Rs.1,25,000/- at the request of the petitioner SKIT adjusted the balance of Rs.1,75,000/- towards the seat reservation amount, donation fee paid by two other students namely M/s Vijaybhaskar Reddy and T.M. Dilipkumar. Nonetheless when he applied for ﬁnal year examinations after end of fourth year, his application was not processed. Therefore, he ﬁled ﬁrst writ petition, being W.P.No.7237 of 2004, inter alia, praying for a direction to respondent Nos.1 to 3 to issue application form to the petitioner, process the same and permit him to appear for ﬁnal year examinations. This Court, while admitting said writ petition on 16.04.2004, directed ﬁrst respondent to process the examination application of the petitioner on condition of the petitioner furnishing bank guarantee for Rs.1,25,000/-. Accordingly the petitioner furnished bank guarantee. Thereafter he was permitted to appear for ﬁnal examinations. He passed in the examinations and applied for degree certificate. It appears that JNTU sent degree certiﬁcates in original to SKIT who refused to return it to the petitioner. Therefore, the petitioner got issued a legal notice dated 24.10.2004 calling upon the college to return bank guarantee and original certiﬁcates, in vain. The college sent a reply notice through their Advocate on 02.12.2004 alleging that as per the records of the college an amount of Rs.1,25,000/- is due from the petitioner and that the college has no objection to return the certiﬁcates if said amount is paid. Hence, the petitioner ﬁled W.P.No.23122 of 2004 praying this Court for a Mandamus declaring the action of ﬁrst respondent in not issuing original certiﬁcates to the petitioner along with bank guarantee furnished by him. Though notices were served on the respondents, fourth respondent – JNTU alone appeared through its standing counsel and none appeared for SKIT nor any counter-affidavit is filed. After hearing learned counsel for the petitioner and learned standing counsel for JNTU the following admitted position can be inferred. The petitioner was admitted to B.Tech course in NRI quota after collecting an amount of Rs.3,00,000/- . Subsequently he got a seat in management quote for which he has to pay lesser fee of Rs.1,25,000/-. He, therefore, requested SKIT to charge him Rs.1,25,000/- and adjust balance of Rs.1,75,000/- towards seat reservation amount and fee payable by two students as noticed hereinabove. Applying the principle of non traverse it can be inferred that for each year he studied the petitioner paid requisite tuition fee and completed the course. Though no proper account is furnished, SKIT is contending that an amount of Rs.1,25,000/- is due and payable by the petitioner. For this reason his examination application at the end of fourth year was not processed compelling him to approach this Court. This Court directed SKIT to process the application on condition of the petitioner furnishing bank guarantee. Therefore, it was incumbent on the part of ﬁrst respondent to substantiate their claim that the petitioner is due and payable Rs.1,25,000/-. In spite of service of notice the respondents did not chose to do so. Therefore, this Court is convinced that ﬁrst respondent has no defence to oppose the writ petitions. Therefore, both the writ petitions are disposed of directing ﬁrst respondent to pass appropriate orders with regard to return of bank guarantee furnished by the petitioner pursuant to the interim orders of this Court in W.P.M.P.No.9432 of 2004 in W.P.No.7237 of 2004 dated 16.04.2004. This exercise shall be completed by the Executive Oﬃcer, Secretary and Correspondent, SKIT, within two weeks from the date of receipt of a copy of this order. The petitioner is also given liberty to approach the oﬃcer concerned with a copy of this order and produce necessary material. No order as to costs. _____________ (V.V.S.RAO, J) 16th October, 2008 GHN To 1 Srikalahasteeswara Institute of technology, Srikalahasti, Chittoor District rep by its Correspondent. 2 Commissioner of Endowments Government of A.P., at Hyderabad. 3 Additional Commissioner of Endowments, Govt., of A.P.at Hyd. 4 Jawaharlal Nehru Technological University, Hyderabad rep. by its Registrar. 5 2CCs to GP for Endowments 6 2CCs to GP for Cooperation 7 2CD copies Form-NIC-OGS/WP{MPL} Form-NIC-OGS/WP{JGK}