IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.22638 and 22639 of 2003, 11073 of 2004, 17914 and 19125 of 2005 WRIT PETITION No.22638 of 2003 Between: T. Swetha, D/o T. Madhava Rao, H. No. 2-442/4, Subedari, Excise Colony, Hanamkonda, Warangal. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Medical & Health Department, Secretariat, Hyderabad. 2 The Director of Medical Education, Government of Andhra Pradesh, Sultan Bazar, Hyderabad. 3 Kakatiya Medical College, Rep. by its Principal, Warangal. .....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 Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Government insofar as collecting diﬀerent sets of tuition fee for the students admitted into the same Course for the same academic year as illegal, discriminatory and violative of Article 14 of the Constitution of India and accordingly direct the respondents to treat the students admitted into the same course for the same academic year on par (ii) and accordingly direct the respondents to refund the excess amount of 5000 US (collected during the Academic year 2000-2001) to the petitioner or adjust the same towards the tuition fee payable for the current academic year (5th semester); (iii) direct the respondents to ﬁx the tuition fee in respect of resident Indian students in rupee value without reference to exchange ratio prevailing at varying times and pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI Y.VENKATESH REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE WRIT PETITION No.22639 of 2003 Between: U. Archana Reddy, D/o u. Dharama Reddy R/o H. No. 4-10-76, Kumarpally, Hanamkonda, Warangal ..... PETITIONER AND 1 The Government of A.P., rep by its Secretary, Medical & Health Department, Secretariat, Hyderabad 2 The Director of Medical Education, Govt of A.P., Sultan Bazar, Hyderabad 3 Kakatiya Medical College, Warangal, rep by Principal .....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 Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Government insofar as collecting diﬀerent sets of tuition fee for the students admitted into the same Course for the same academic year as illegal, discriminatory and violative of Article 14 of the Constitution of India and accordingly direct the respondents to treat the students admitted into the same course for the same academic year on par (ii) and accordingly direct the respondents to refund the excess amount of 5000 US (collected during the Academic year 2000-2001) to the petitioner or adjust the same towards the tuition fee payable for the current academic year (5th semester); (iii) direct the respondents to ﬁx the tuition fee in respect of resident Indian students in rupee value without reference to exchange ratio prevailing at varying times and pass such other order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI Y.VENKATESH REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE WRIT PETITION No.11073 of 2004 Between: Kum G. Vasundara D/o. g. Mallesham Chitrabhanu Selection, Shopt No. 3-62, Shobana Complex, Balanagar, Hyd. ..... PETITIONER AND 1 The Govt of A.P., rep. by its Secretary, Medical & Health Department, Secretairat, Hyd. 2 The Director of Medical Education Govt of A.P., Sultan Bazar, Hyd. 3 Kakatiya Medical College, Warangal, rep. by its Principal. .....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 a writ of Mandamus or any other appropriate writ or order or direction, declaring the action of the Government in so far as collecting diﬀerent sets of tuition fee for the students admitted into the same course for the same academic year as illegal, discriminatory and violative of Article 14 of the Constitution of India and accordingly direct the respondents to treat the students admitted into the same course for the same academic year on par: (ii) and accordingly direct the respondents to refund the excess amount of 5000 US & ( Collected during the Academic year 2000-2001) to the petitioner or adjust towards the tuition fee payable for the current academic year; (iii) direct the respondents to ﬁx the tuition fee in respect of resident Indian students in rupee value without reference to exchange ratio prevailing at varying times and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI M.VIJAYA SARATHI REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE WRIT PETITION No.17914 of 2005 Between: G.Sushma D/o.Late G.Trimurthulu Bardwaja Colony, Hyderabad now studying in M.B.B.S (Final Year) at S.V.Medical College, Tirupathi, Chittoor District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Health Medical and Family Welfare (E1) Department Secretariat, Hyderabad rep by its Principal Secretary to Government. 2 The Director for Medical Education, A.P.Hyderabad 3 The Principal S.V.Medical College Tirupathi, Chittoor District. 4 N.T.R. Univerity of Health Sciences, Vijayawada, 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 a writ order or direction more one in the nature of writ of mandamus declaring the action of the 2nd and 3rd respondents in insisting the petitioner for payment of 10,000 US Dollars in Indian Currency for the six months course as illegal, arbitrary and pass. Counsel for the Petitioner: SRI A.JAYA SANKARA REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : WRIT PETITION No.19125 of 2005 Between: Kum. Rohini Ponnala, D/o. Ram Mohan Ponnala H.No.1-8-194 Balasamudram, Hanamkonda, Warangal. ..... PETITIONER AND 1 The Government Of A.P, rep.by its Secretary, Medical & Health Department, Secretariat, Hyderabad. 2 The Director Of Medical Education, Government Of A.P, Sultan Bazar, Hyderabad. 3 Kakatiya Medical College, rep. by its Principal, Warangal. .....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 a writ, order or direction more particularly in the nature of writ of Mandamus, declaring the action of the Government in so far as collecting diﬀerent sets of tuition fee for the students admitted into the same course for the same academic year as illegal, discriminatory and violative of Article 14 of the constitution of India and accordingly direct the respondents to treat the students admitted into the same course for the same academic year on par;(ii) and accordingly direct the respondents to refund the excess amount of 5000 US $ (collected during the Academic year 2000-2001) to petitioner or adjust towards the tuition fee on respect of resident of resident Indian students in rupee value without reference to exchange ratios prevailing at varying times and pass such other order or orders as this Hon'ble court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:SRI S.CHAKRAPANI Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.22638 and 22639 of 2003, 11073 of 2004, 17914 and 19125 of 2005 COMMON ORDER: The petitioners in these writ petitions, except W.P.No.17914 of 2005, are students of M.B.B.S of Kakatiya Medical College (KMC), Warangal, which is arrayed as respondent No.3 in these four writ petitions. The petitioner in the other writ petition is a student of M.B.B.S in Sri Venkateswara Medical College (SVMC). All of them are aggrieved by the action of the respondents in insisting upon them to pay 15,000 US Dollars or rupees equivalent of 15,000 US Dollars as tuition fees per annum for the course of study. They impugn the same as discriminative and violative of Article 14 of the Constitution of India. The Directorate of Medical Education (DME) of Government of Andhra Pradesh issued a notiﬁcation inviting applications for admission into ﬁrst year under Non Resident Indian (NRI)/Foreign Students quota for 2000-2001. The petitioners applied and were admitted in the respective Medical Colleges as noticed hereinabove. When they were admitted in the Medical Colleges the Government prescribed an amount of 10,000 US Dollars or rupees equivalent as tuition fees per annum, but the entire tuition fees for the course has to be paid at the time of admission. The Government subsequently issued orders ﬁxing the tuition fees of 20,000 US Dollars per annum for NRI/Foreign students quota seats. Whatever be the reason, by another order, being G.O.Ms.No.74, dated 22.02.2001, the Government reduced the tuition fees to 15,000 US Dollars. The demand was then made by the respective Principals/DME for payment of the amount, aggrieved by which, the present writ petitions are filed. The Government ﬁled separate counter aﬃdavits. A reference is made to the counter aﬃdavit ﬁled in W.P.No.19125 of 2005. The brief averments therein are as follows. It is stated that at the beginning of the academic year 2000-2001 when the petitioners were admitted in Medical Colleges under NRI quota the tuition fees was 15,000 US Dollars. However, the Government reduced it to 10,000 US Dollars for maintaining uniformity in the fee structure applicable to all the NRI students. This was done as the seats earmarked for NRI during the academic year 2000-2001 remained unﬁlled. Though initially an amount of 15,000 US Dollars was collected, it was reduced to 10,000 US Dollars for the remaining period of 3½ years. However, during the academic years 2001-2002 and 2002- 2003 the seats remained vacant. Hence decision was taken to reduce the tuition fees to 10,000 US Dollars. This was applicable to only those students who joined at ﬁrst instance on 24.03.2001 in the academic year 2000-2001. Therefore, all the petitioners have to pay balance of 5,000 US Dollars each for the remaining period as per the terms and conditions accepted by the petitioners. This Court heard the learned Senior Counsel for the petitioners and learned Assistant Government Pleader for Medical and Health. The entire case of the petitioners is based on Article 14 of the Constitution of India. They complain that equality before law is denied to them and they have been subjected to hostile discrimination. Elaborating the submission, the learned Senior Counsel submits that Government initially ﬁxed 15,000 US Dollars and subsequently, noticing that seats remained vacant, reduced it to 10,000 US Dollars. The same amount was collected from the petitioners for their entire course, and after the Government issued further orders again reducing the tuition fees from 20,000 US Dollars to 15,000 US Dollars a demand was made to the petitioners to pay the balance of 5,000 US Dollars per annum for all the entire course years. This according to the learned Counsel cannot be sustained. The Government of Andhra Pradesh vide their orders in G.O.Rt.No.1119, dated 25.06.1996, decided to increase seats in M.B.B.S course in ﬁve Medical Colleges. The increase ranges from 20 to 50 seats in these Colleges, and aimed at increasing total seats of 220. The Government of India, however, approved the increase of seats in Rangaraya Medical College, Kakinada (50 seats), Kurnool Medical College, Kurnool (20 seats) and KMC, Warangal (50 seats). In the meanwhile, the Government issued orders in G.O.Ms.No.119, dated 27.04.1998, reserving 15% of 120 additional seats for NRI/Foreign students in the three Medical Colleges in order to augment the ﬁnances for improvement of the said Colleges. By that time the proposal for reservation of seats for NRI in other Medical Colleges, namely Siddartha Medical College, Vijayawada, and SVMC, Tirupathi, was also mooted. Taking this into consideration the Government issued G.O.Ms.No.192, dated 01.06.1998 directing reservation of 15% proposed additional seats in SVMC and Siddartha Medical College, and reserving 15% of seats for NRIs in Rangaraya Medical College, Kurnool Medical College and KMC, where the Government of India approved increase of seats. The Government also ordered that the fee structure for NRIs who were admitted against NRI quota in the Government Colleges or against NRI quota shall be 15,000 US Dollars or Indian Rupees equivalent of 15,000 US Dollars per annum. However, subsequently the Government issued yet another order, being G.O.Ms.No.470, dated 04.12.2000, for upward revision of fee payable by students admitted against NRI quota to 20,000 US Dollars or Indian Rupees equivalent thereto. This was, however, reduced to 15,000 US Dollars by G.O.Ms.No.74, dated 22.02.2001. It appears, for the academic year 2000-2001 – it is admitted in the counter aﬃdavit – the seats in the Medical Colleges, where there was an increase of intake, remained vacant. Therefore, on a review of the matter, the Government issued G.O.Ms.No.323, dated 20.08.2001, prescribing fees structure for the students admitted against NRI/Foreign quota seats in all the Medical Colleges from 2001-2002. This time it was ﬁxed at 10,000 US Dollars per annum or Indian rupees equivalent thereto. After issuance of G.O.Ms.No.18, dated 25.01.2002, the Government also issued another Government Order, being G.O.Ms.No.148, dated 01.05.2002, amending G.O.Ms.No.18, which reads as follows “The Director of Medical Education is permitted to collect the fee from the students admitted against the above left over NRI seats, as prescribed in the G.O 1st read above i.e., Yearly collection of fee of 10,000 US Dollar per annum or equivalent amount of India Rupees as the case may be instead of collection of fee at one time for entire course.” Thus, the Government once again for all settled the fees structure for NRI quota seats at 10,000 US Dollars. While the fee payable by students admitted to NRI quota seats was moved upward and downward for various reasons as noticed hereinabove, the petitioners continued to pay 10,000 US Dollars, and all of them were in the fag end of the course. In June 2004 the Principal, KMC, issued memo, dated 08.06.2004, to the petitioners, directing them to pay 5,000 Dollars for 5th semester, presumably, for the reason that the Government had prescribed 15,000 US Dollars as tuition fees vide their orders in G.O.Ms.No.74, dated 22.02.2001. Thus, there were two sets of fees structure sought to be enforced by the Principals. Those students who were admitted in the beginning of academic year 2000-2001 were to pay 15,000 US Dollars per annum and those students who were admitted subsequent to G.O.Ms.No.18, dated 25.01.2002, paid an amount of 10,000 US Dollars. Prima facie, it is discriminatory. There is no gainsaying to mention that when the decision of administrative authority is challenged as discriminatory the initial burden is on the aggrieved. The burden stands discharged when once it is shown that the aggrieved and those in the other group are similarly situated. The burden then shifts to State to prove as how the discriminatory classiﬁcation has rational nexus with the object sought to be achieved. There cannot be any doubt that as mentioned in G.O.Ms.No.192, dated 01.06.1998, the Government introduced the system of allotting few seats to NRI students to augment ﬁnances for improvement of the said Colleges. If that be the objective, for all the students admitted after 1998 the Government Order should have been uniform. It was not so. Sometime the Government decided the fees to be 10,000 US Dollars and subsequently, it was 20,000 US Dollars. Again the Government issued orders in G.O.Ms.No.74, dated 22.02.2001, reducing the fees from 20,000 US Dollars to 15,000 US Dollars. That was not enforced strictly. Again the Government issued G.O.Ms.No.18, dated 25.01.2002, prescribing the fees of Rs.10,000 US Dollars for those students who were admitted against ﬁve NRI seats in SVMC, Tirupathi, and 15 seats in Government Medical College, Anantapur. Merely because the seats remained vacant is not ground, nor it can be treated as a rational, nor it can satisfy the rationality test. Thus, the twin tests of classiﬁcation, namely, nexus test and rationality test, are not satisﬁed by impugned State action. In the result, the writ petitions are allowed without any order as to costs declaring that the respondents are not entitled to collect more than 10,000 US Dollars per annum for the M.B.B.S course in the respective Medical Colleges where the petitioners are admitted. It is brought to the notice of this Court that all the students have now completed the course. Therefore, the question of the petitioners paying additional tuition fees as demanded by the Principals does not arise. However, if there are any arrears payable by the petitioners, it shall be open to the Medical Colleges to recover the same. Wherever the students were compelled to pay the additional 5,000 US Dollars per annum as demanded by the Principal, the same shall be refunded on an application being made by the concerned petitioner. ____________ (V.V.S.RAO, J) 14.11.2008 vs To 1 The Secretary, Government of Andhra Pradesh, Medical & Health Department, Secretariat, Hyderabad. 2 The Principal Secretary, Government of Andhra Pradesh, Health Medical and Family Welfare (E1) Department Secretariat, Hyderabad. 2 The Director of Medical Education, Government of Andhra Pradesh, Sultan Bazar, Hyderabad. 3 The Principal, Kakatiya Medical College, Warangal. 3 The Principal S.V.Medical College Tirupathi, Chittoor District. 4 The Registrar, N.T.R. Univerity of Health Sciences, Vijayawada. 4 2CCs to G.P for Medical Health and Family Welfare, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{ }