S Rachana Varma vs Union Of India
2023 Latest Caselaw 2899 Tel

Citation : 2023 Latest Caselaw 2899 Tel
Judgement Date : 5 October, 2023

Telangana High Court

S Rachana Varma vs Union Of India on 5 October, 2023

Bench: Surepalli Nanda

          HON'BLE MRS JUSTICE SUREPALLI NANDA

              WRIT PETITION No.27107 OF 2023

ORDER:

Heard Mr.Chikkudu Prabhakar, learned counsel for

the petitioner, Ms.G.Pujitha, learned Standing Counsel

appearing on behalf of respondent No.1, learned

Government Pleader for Health, Medical and Family

Welfare appearing on behalf of respondent Nos.2 and 4,

Mr.A.Prabhakar Rao, learned Standing Counsel appearing

on behalf of 3rd respondent and Mr.Ravinder Reddy

Muppu, learned Standing counsel for respondent No.5.

2. The petitioner has approached the Court seeking the

following relief:

"To issue an appropriate a Writ, Order or Direction more

particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th respondents in non returning the original academic educational qualification certificates of the petitioner to the petitioner, which was deposited in the 4th Respondent Medical College, vide its receipt SL.No.020, dated 28.11.2022 as an illegal, ex-facie arbitrary, discriminatory, unjust, unfair, irrational, unreasonable, unlawful, unconstitutional, perverse, mockery, inequity and in violative of Articles 14, 21 and 21A of the Constitution of India and against to the

Principles of Natural Justice and against to the catena of the Judgments of this Hon'ble Court and an Apex Court and set aside the same and consequently, direct the 3rd and 4th respondents to forthwith release the original academic educational qualification certificates of the petitioner to the petitioner by taking Tuition Fee for 2 years Rs.4,30,000/ (Four Lakhs and thirty thousand only) and pass."

3. It is specifically averred at paragraph No.10 of the

affidavit filed by the petitioner in support of the present

writ petition as under:

"The petitioner made a representation on 15.09.2023 to respondent Nos.3 and 4 to hand over all the original academic educational qualification certificates deposited by her with the 3rd and 4th respondents to enable the petitioner to deposit the same before the 5th respondent for verification for joining the MD Physiology Course. The petitioner is ready to pay the remaining academic tuition fees to the 3rd and 4th respondent college and the college will not have any monetary loss. In spite of the same, the 3rd and 4th respondent are not acceding the request of the petitioner in returning her original academic educational qualification certificates. The 3rd and 4th respondents are not reliving the petitioner and enforcing the petitioner to study MD Physiology Course is illegal and unconstitutional."

4. The Division Bench of this Court in its order dated

24.01.2020 passed in W.P.No.21137 of 2019 dealing with

identical situation and in particular paragraph No.29 of

the said order observed as under:

"We are not expressing any opinion on the right of the 3rd respondent-College to recover amounts towards the entire course fee or the bond amount of Rs.3 lakhs from the petitioner/her parent, but we hold that withholding her original academic qualification certificates, is impermissible in law."

5. This Court disposed off W.P.No.24177 of 2023, filed

for identical relief as in the present writ petition observing

as under:

"Taking into consideration the averments made by the petitioner at paragraph No.7 of the affidavit filed by the petitioner in support of the writ petition, and also the view taken by the Division bench of this Court in its order dated 24.01.2020 passed in W.P.No.21137 of 2019, (referred to and extracted above), the writ petition is allowed directing respondent No.3 to forthwith release and handover all the original educational qualification certificates of the petitioner deposited with the 3rd respondent forthwith to the petitioner. However, there shall be no order as to costs.

6. Taking into consideration the averments made by the

petitioner at paragraph No.10 of the affidavit filed by the

petitioner in support of the writ petition, and also the

view taken by the Division Bench of this Court in its order

dated 24.01.2020 passed in W.P.No.21137 of 2019,

(referred to and extracted above), and also the

observations of this Court dated 31.08.2023 passed in

W.P.No.24177 of 2023, the Writ Petition is allowed

directing the respondents 3 and 4 to forthwith release and

hand over to the petitioner all the original academic

educational qualification certificates of the petitioner by

taking tuition fee of two years i.e., Rs.4,30,000/- within a