IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWELFTH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.22182 of 2009 Between: Vanka Vijaya Lakshmi … Petitioner And The Principal, Gokul Institute of Technology and Sciences, Piridi, Bobbili, Vizianagaram District and others. … Respondents Counsel for the petitioner: Sri K.L.N.Rao. Counsel for the respondents: Sri S.Lakshminarayana Reddy for R.1. Sri Venkat Reddy for Sri K.Ratangapani Reddy for R.3 & R.4.. None for R.2 and R.5. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to direct the respondents to transfer the petitioner from Gokul Institute of Technology and Sciences, Piridi, Bobbili, Vizianagaram-respondent No.1 to DADI Institute of Engineering and Technology, Anakapalle, Visakhaptnam District-respondent No.2. The petitioner is presently prosecuting her MBA course in respondent No.1-college. As she failed to register minimum attendance in the second semester of MBA course, she was not permitted to appear for the second semester examinations. On the strength of an interim order given by this Court in Writ Petition No.15246 of 2009, she was permitted to appear for the second semester examinations. However, the said Writ Petition was dismissed today. Consequently, the petitioner is required to study the second semester once again. In this Writ Petition, she sought for a direction to respondent No.3 to permit her to join in respondent No.2-College. No counter-affidavit is filed by respondents 3 and 4. In the counter-affidavit filed by respondent No.1 it is stated that while in principle the said respondent has no objection for permitting the petitioner to join in another college, it is, however, stated that the petitioner is liable to clear all the dues pertaining to first year MBA course amounting to Rs.6,700/- and another sum of Rs.4,000/- towards miscellaneous fee. It is also stated that the petitioner is liable to pay Rs.26,700/- towards “balance of rejoined fee” and Rs.26,700/- towards second year MBA tuition fee. Sri K.L.N.Rao, learned counsel for the petitioner, while not disputing the petitioner’s liability to pay the sums of Rs.6,700/- towards first year due, Rs.4,000/- towards miscellaneous fee and Rs.26,700/- towards second year MBA tuition fee, submitted that the petitioner is not liable to pay another sum of Rs.26,700/- towards the alleged “balance of rejoined fee”. Sri S.Lakshminarayana Reddy, learned counsel for respondent No.1, submitted that the sum representing the tuition fee for the second year is payable by the petitioner. Since the petitioner has not paid even the first year dues, she is liable to pay the said amounts. In my opinion, if the petitioner has already paid the first year dues, she is not liable to pay the sum of Rs.26,700/- towards the purported rejoined fee. Respondent No.1 is directed to recalculate the fees payable by the petitioner under various heads. It is made clear that the petitioner is liable to pay the sum of Rs.6,700/- towards first year dues and Rs.4,000/- towards miscellaneous fee and Rs.26,700/- towards tuition fee for second year MBA course. The further sum of Rs.26,700/- will be payable by the petitioner only if it is shown that she has not paid the first year MBA tuition fee earlier. Respondent No.1 shall intimate the fees dues, afresh, to the petitioner within a period of one week from today. On payment of all the dues calculated in the light of the above observations, respondent No.1 shall issue Transfer and other certificates to the petitioner to enable her to join in respondent No.2- college. Subject to the above, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:12-3-2010 MNR