THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.9963 of 2009 (Dated : 25-06-2010) Between: D.Mahamed Kasim S/o D.Jinna Kasim, R/o Kurnool District and others …Petitioners A n d The Government of Andhra Pradesh, rep. By its Principal Secretary, Secretariat Buildings, Hyd. And others ..Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.9963 of 2009 ORDER: This writ petition has been filed by the petitioners, who are five in number, assailing the action of the 5th respondent-college in demanding them to pay tune fee. 2. Heard learned counsel appearing for the parties. 3. Learned counsel appearing for the 5th respondent submits that the issue involved in this writ petition is squarely covered by the judgment of this Court in K.Vamshi Krishna v. State of Andhra Pradesh[1], and therefore, the writ petition deserves to be allowed. 4. Paragraph 58 of the cited judgment reads as hereunder:- “ Since in the admission of the petitioners against B- category seats, neither the petitioners nor the unaided private college managements are at fault, and the University, as representative of the Government, while discharging its obligations of making admissions under the provisions of the Capitation Fee Act, at the time of admitting the petitioners against B- category seats, informed that they are exempted from paying the fee, I am of the considered opinion that for the acts and misdeeds, if any, committed by the University in the discharge of its obligations under the provisions of the Capitation Fee Act, the Government should take the responsibility of reimbursing the fee to the petitioners, who were admitted against B-category seats. Hence, there shall be directions to the Government to reimburse the tuition fee in respect of the petitioners who were admitted into MBBS/BDS course against B-category.” 5. Following the aforesaid judgment, this Writ Petition is allowed directing the 1st respondent-Government to reimburse the tuition fee in respect of the petitioners, who were admitted in to BDS Course against B-category in the 5th respondent college. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.25-06-2010 Note:- Issue CC in (3) days (B/o) RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.9963 of 2009 (Dated : 25-06-2010) [1] 2010(3) ALT 80