IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 18816 of 2005 Between: Dr. M. Vijaya Kumar S/. Venkat Reddy R/o. 12-1-331/79, Dattatreya Colony Asifnagar Hyderabad. ..... PETITIONER AND 1 The Director Nizams Institute of Medical Sciences (NIMS) Panjagutta Hyderabad. 2 The Executive Registrar Nizams Institute of Medical Sciences (NIMS) Panjagutta Hyderabad. .....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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus by declaring the impugned action of the respondents withholding the deposited amount is illegal, void abinitio and consequently direct the respondents to return the amount deposited on 13-07-2005 to the petitioner and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, in the interest of justice. Counsel for the Petitioner: NONE APPEARED Counsel for the Respondents: NONE APPEARED The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the impugned action of the respondents withholding the deposited amount, as illegal and arbitrary and consequently to direct the respondents to return the amount to the petitioner deposited on 13.07.2005. It is stated that pursuant to the notification issued by the respondents for admission in the super speciality medical courses of DM/M.Ch. (NIMSET-2005), the petitioner has applied for the same and selected for the course of M.Ch.(CTS), but he was unable to join the said course. Accordingly, the petitioner made a representation dated 11.07.2005 to return the original certificates and fee and as the fee was not returned and the said application was not considered, the petitioner got issued a legal notice dated 27.07.2005 for return of Rs.1,00,000/- fee, but no action has been taken to refund the said amount. In the circumstances of the case, if the said fee has not been paid to the petitioner and as none appears either for the petitioner or for the respondents, the petitioner is permitted to make a fresh representation before the respondents for refund of the said amount and on filing such representation, the respondents may consider and dispose of the same, in accordance with law, within four weeks from the date of receipt of a copy of this order. With the aforesaid observations, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:12.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{CHP}