Kavididevi Padmaja vs State Of Telangana
2023 Latest Caselaw 1899 Tel

      HON'BLE MRS JUSTICE SUREPALLI NANDA

           WRIT PETITION No.24412 OF 2023


ORDER:

Heard learned counsel for the petitioner, learned

Government Pleader for Medical and Health appearing

for respondent No.1 and Mr.A.Prabhakar Rao, learned

Standing Counsel appearing for respondent No.2.

2. The petitioner approached the Court seeking the

prayer as follows:

"To issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents No.2 & 3 in not providing original certificates to admit in the MBBS Course in the 4th respondent College without insisting for payment of Rs.2,00,000/- as illegal, arbitrary, discriminatory, unfair, irrational, unreasonable, unlawful, unconstitutional and violative of Articles 14 and 21A of the Constitution of India 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 respondents No.2 and 3 to provide the Original Certificates to the petitioner."

                               2                       WP_24412_2023
                                                                SN,J

3. It is specifically averred at paragraph No.5 of the

affidavit filed by the petitioner in support of the present

writ petition as under:

"I submit that immediately, I have addressed a representation through Email to the 2nd respondent to permit me to report to the allotted college without insisting original certificates as same are in the custody of 3rd respondent college where I was admitted into BDS Course in the academic year 2022-23. Further I also made a representation to 3rd respondent college to return the original certificates to enable me to admit in 4th respondent college in MBBS Course."

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. Taking into consideration the averments made by the

petitioner at paragraph No.5 of the affidavit filed by the

petitioner in support of the writ petition, and also the view 3 WP_24412_2023 SN,J

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.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

____________________________________ MRS. JUSTICE SUREPALLI NANDA

Date: 01.09.2023

Note: Issue CC by today (B/o) Yvkr