IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 10398 of 2009 Between: 1. G.Shilpa D/o.Venkaiah, 2. A.Sherisha D/o.Sudershan, 3. Bandi Aswini D/o.Ramkattaiah, 4 Sangoju Roja Rani D/o.Rama Swamy, 5 H.Shailaja D/o.Narsing Rao, 6 A.Ritheshkumar S/o.Laxman Kumar, 7 Ch.Shravan Kumar S/o.Raja Mallu (petitioners 1 to 7, are studying BDS Ist Year, in Sri Sai Dental College, Vikarabad, Ranga Reddy District.) 8 Jella Priyanka D/o.Laxman, BDS 1st year, in Panineeya Mahavidyalaya Institute of Dental Sciences, and Research Centre, Chaithanyapuri, Dilsukhnagar, Hyderabad. ..... Petitioners AND 1. The State of Andhra Pradesh, rep. by Chief Secretary, Secretariat Buildings, Hyderabad. 2. The Government of Andhra Pradesh, rep.its Principal Secretary to the Social Welfare Department, Secretariat Buildings, Hyderabad. 3. The Dr. N.T.R. University for Health Sciences, Vijayawada -8, A.P. rep.by the Chairman of Committee of Admissions. 4. The Dr. N.T.R. University for Health Sciences, Vijayawada-8, A.P. rep. by its Registrar. 5. The EAMCET Convener, Jawaharlal Nehru Technology University, Kukatpally, Hyderabad. 6. Sri Sai Dental College, Vikarabad, Ranga Reddy District, rep. by its Principal. 7. The Panineeya Mahavidyalaya Institute of Dental Sciences and Research Centre, Chaithanyapuri, Dilsukhnagar, Hyderabad, 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 may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents No.6 and 7 in demanding the petitioners to pay each a sum of Rs.1,10,000/- towards the tution fee/college fee otherwise they will not permit the petitioners to attend the classes and will not receive the examination fee which has to be paid on or before 25.5.2009 with late fee of Rs.100/- and thereby will not permit them to write the 1st year BDS examinations which are going to be held on 23.6.2009, is contrary to the admission given to the petitioners in BDS course and also contrary to the endorsements made in the allotment letters and also violative of the principle of Estoppel and also violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. Consequently direct the respondents No.6 and 7 not to demand or ask the petitioners to pay any money from the petitioners towards the tution fee/college fee till their BDS course is completed; . -2- The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 21-05-2009 made in WPMP.No. 13367 of 2009 and upon hearing the arguments of SRI K. VENUMADHAV, Advocate for the Petitioners and of the Govt. Pleader for GDA for the respondent No.1 and of the Govt. Pleader for Social Welfare for the respondent No.2 and of Sri D.V. Nagarjuna Babu,S.C. for NTR University for the respondents 3 and 4 and of Sri K. Rathangapani Reddy S.C. for JNTU for the respondent No. 5, the Court made the following: ORDER: The learned Standing counsel for respondent-University and the learned Govt. Pleader for Social Welfare undertakes to file counter within ten days. Post aft4er ten days along with W.P.No.15861 of 2009. In the meantime, the respondent-college is directed to permit the petitioners-students to attend the classes. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, State of Andhra Pradesh, , Secretariat Buildings, Hyderabad. 2. The Principal Secretary, Social Welfare Department, Govt. of A.P. Secretariat Buildings, Hyderabad. 3. The Chairman of Committee of Admissions, Dr. N.T.R. University for Health Sciences, Vijayawada -8, A.P. 4. The Registrar, Dr. N.T.R. University for Health Sciences, Vijayawada-8, A.P. 5. The EAMCET Convener, Jawaharlal Nehru Technology University, Kukatpally, Hyderabad. 6. The Principal, Sri Sai Dental College, Vikarabad, Ranga Reddy District, 7. The Principal, Panineeya Mahavidyalaya Institute of Dental Sciences and Research Centre, Chaithanyapuri, Dilsukhnagar, Hyderabad. 8. 2 CCs to the G.P.for Social Welfare, High court of A.P.Hyd. 9. 2 CCs to the G.P. for GDA, High court of A.P.Hyd.(O.UT) 10. One C.C.to Sri K. Venu Madhav Advocate. (OPUC) 11. one spare copy. HIGH COURT NVR.J DATED 6-08-2009 POST AFTER TEN DAYS ALONG WITH W.P.NO.15861 OF 2009 ORDER W.P.NO. 10398 OF 2009 DIRECTION Bsr Dt. 7-8-2009 HIGH COURT NVR.J DATED 6-08-2009 POST AFTER TEN DAYS ALONG WITH W.P.NO.15861 OF 2009 ORDER W.P.NO. 10398 OF 2009 DIRECTION