THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.1778 of 2003 ORDER: In this writ petition, the petitioner, who was initially admitted into B.Pharmacy Course during the academic year 2002-2003 in the third respondent college, seeks a mandamus declaring the action of the third respondent college in insisting payment of entire fees for B.Pharmacy Course, as illegal and arbitrary. The petitioner secured a seat in B.Pharmacy Course under payment category and she was allotted to the third respondent college in the said course and the classes were commenced from 21.10.2002. Admissions to B.Pharmacy Course were closed on 31.10.2002. Three months thereafter, the petitioner has taken admission in B.D.S. Course in the fourth respondent college. When the third respondent college insisted her for payment of fees and not returning the original certificates to her, the petitioner approached this Court. It is submitted by the learned counsel for the petitioner that pursuant to the interim orders passed by this Court, original certificates were returned to the petitioner by the third respondent college and that the petitioner was admitted in the fourth respondent college and she completed B.D.S. Course. It is contended that in view of the mistake on the part of respondent Nos.1 and 2 in not conducting counselling for B.Pharmacy and B.D.S. Courses simultaneously, the petitioner was to take admission in B.Pharmacy Course initially and later in B.D.S. Course because of the subsequent development about the admission granted to her in the said Course, and therefore, the petitioner is not liable for payment of any tuition fees. He submitted that the petitioner is facing financial problems, as her father died during the pendency of the writ petition and mother is also suffering from serious disease. In the counter-affidavit filed by the third respondent college, while generally denying various allegations made by the petitioner, it is stated that the petitioner after three months of the starting of B.Pharmacy Course, by discontinuing her status in the third respondent college, has taken admission in B.D.S. Course. It is further stated that because of discontinuance by the petitioner after closure of admissions, the third respondent college cannot fill up the seat vacated by her and the seat would remain vacant for the next three academic years, as such, the third respondent college is put to financial loss. In private colleges, the percentage of payment seats is fixed. Having regard to the fact that the total seats are approved intake ones in the third respondent college and as the petitioner vacated the seat in the midstream, that seat would go waste to the third respondent college, as such, the plea of the petitioner that she is not liable to pay remaining tuition fees for the remaining years cannot be accepted. Though the counsellings were not taken place simultaneously, the petitioner opted to take payment seat in the third respondent college and left the college in the midst, particularly after three months of the expiry of cutoff date notified by the competent authority. In that view of the matter, I do not find any merit in this writ petition to grant relief to the petitioner. Though it is submitted by the learned counsel for the petitioner that father of the petitioner died during the pendency of the writ petition and mother is also suffering from serious disease, the same cannot be a ground for taking into consideration by the third respondent college to waive the payment of remaining tuition fees. On the said aspect, this Court also cannot grant any relief to the petitioner. However, in the circumstances, the petitioner is permitted to submit a representation to the third respondent college, seeking waiver of payment of tuition fees, which is due to the third respondent. On filing such representation, the third respondent shall consider the same sympathetically so as to exempt the petitioner from payment of tuition fees for the remaining years. Subject to the above observations, the writ petition is disposed of. There shall be no order as to costs. ______________________ R.SUBHASH REDDY, J 3rd DECEMBER, 2009. kvni