IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12121 of 2008 Between: Dr. Jouher Jahan W/o. Sultan Ahmed R/o. H.No. : 17-8-246/30, Bagh-e-Jahan Ara, Yakutpura, Hyderabad District. ..... PETITIONER AND 1 The Government of A.P., Rep. by its Commissioner, Department of Ayush, Andra Pradesh, Hyderabad. 2 The Government Nizamia Tibbi College, Hyderabad, Rep. by Its Principal, Hyderabad. 3 The NTR University 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 may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to continue her last year of MD (Obs & Gynaec) Course by Granting permission and making the petitioner to refund her stipend and bond amount of Rs.1,04,210/- and also second respondent requesting third respondent for cancellation of her admission as illegal, arbitrary and contrary and consequently set aside the same, as the petitioner has completed 23 months of 36 months of PG Course and is eligible to continue her third and final year course. Counsel for the Petitioner: MR.SYED ALI MURTUZA Counsel for the Respondents 1 & 2: G.P. FOR MEDICAL, HEALTH AND FAMILY WELFARE. Counsel for the Respondent No.3: MR.D.V.NAGARJUNA BABU The Court made the following : ORDER: This writ petition has been filed by Dr.Jouher Jahan with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents in not allowing her to continue her last year M.D. Unani (Obstetrics and Gynecology) Course by permitting her to refund stipend of Rs.1,04,210/- as illegal and arbitrary. 2. The petitioner completed her Bachelor of Unani Medicine and Surgery (BUMS) course from the Government Nizamia Tibbi College, Hyderabad-2nd respondent. She appeared for M.D. Unani Entrance Test conducted by the Dr.NTR University of Health Sciences, Vijayawada-3rd respondent, for the academic year 2004-2005. She secured 3rd rank and joined M.D. Unani Course on 09.03.2005 with specialization in ‘OBSTETRICS AND GYNECOLOGY WITH CLINICAL STUDY OF CERVICAL INCOMPETENCE AND TREATMENT WITH UNANI MEDICINE’. Later, she was selected as Medical Officer on contract basis. She joined as Medical Officer in Unani on 24.01.2007. She submitted a representation to the respondents 1 and 2 to permit her to continue her final year M.D. course. The respondents 1 and 2 issued memos, vide Memo. No.16245/U2/2006, dated 02.04.2007, and Memo. No.938/B/NTC/2007, dated 27.04.2007 respectively, directing her to return the stipend and bond amount. She returned the bond amount of Rs.10,000/- as well as stipend amount of Rs.1,04,210/- by way of demand draft under letter dated 19.12.2007. According to her, the amounts have been collected from her forcibly. She completed her first year examinations successfully and also completed 11 months course in second year. She got 90% of attendance by the completion of second year of M.D. Unani course. Since the respondents are not permitting her to complete the third year course, the petitioner approached this Court by invoking the jurisdiction under Article 226 of the Constitution of India with a prayer stated supra. 3. Third respondent filed counter-affidavit. Dr.T.Venugopala Rao, Registrar of Dr.N.T.R. University of Health Sciences, Vijayawada, has sworn to the counter-affidavit. It is stated in the counter-affidavit that the petitioner in her letter dated 27.01.2007 informed the Principal, Government Nizamia Tibbi College, Hyderabad that she got appointment as Medical Officer and therefore, she discontinued her post graduation course. She also expressed her willingness to pay bond amount of Rs.10,000/- and return stipend amount of Rs.1,04,210/-. The Principal, Government Nizamia Tibbi College, Hyderabad, forwarded the amounts paid by the petitioner to the 3rd respondent. 4. When the writ petition came up for admission, with the consent of counsel for the parties, the writ petition is taken up for final disposal. 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for Medical, Health and Family Welfare appearing for the respondents 1 and 2 and learned Standing Counsel appearing for the 3rd respondent-University. 6. Learned counsel appearing for the petitioner submits that the petitioner was made to pay the bond amount and return the stipend under compulsion and it was not voluntary. A further submission has been made that the petitioner sought for exemption by filing representations and nothing was communicated to her on the said representations and therefore, the action of the respondents in not permitting her to complete the three year post graduation M.D. Unani course is arbitrary and illegal. 7. Learned Standing Counsel appearing for the 3rd respondent- University submits that the petitioner herself submitted a letter dated 27.01.2007 expressing her desire to discontinue her post graduation course sought permission to pay the bond amount and to return the stipend amount. Pursuant to her request, she was permitted to pay the necessary amounts and thereupon the certificates were also returned to her. 8. I have gone through the material papers filed along with the writ petition. The text of the letter dated 27.01.2007 addressed by the petitioner to the 2nd respondent-college, reads as hereunder: “I, Dr. Jouher Jahan, student of P.G. II year. I have selected in Government service as a Medical Officer. I want to discontinue my PG. Kindly issue my certificates. I am ready to return bond amount of Rupees Ten Thousand and received stipend amounts.” It is explicit from the above referred letter that she discontinued the P.G. course on her own accord and returned the bond amount as well as stipend. Thereupon, the respondents returned the certificates handed over by her at the time of admission. As on this day, she is no more the student of the 3rd respondent-University. Therefore, no direction can be issued to the respondents 2 and 3 to permit the petitioner to continue her three year post graduation course in M.D. Unani. 9. Accordingly, the writ petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:09th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}