Vemagiri Anjali vs. The State Of Andhra Pradesh

Held

The Court noted that the facts were admitted by both counsel. The Court directed the 4th respondent college to forward the petitioner's representation dated May 8, 2023, to the 3rd respondent University within one week. The 3rd respondent University was then directed to consider the representation and pass appropriate orders within two weeks. Following the University's decision, the petitioner was to pay the dues and penalty as prescribed under Rule 15. Upon compliance by the petitioner, the 4th respondent college was directed to release the original documents within three working days. The Court disposed of the Writ Petition with no order as to costs. The reasoning was based on facilitating a resolution by directing the relevant authorities to process the petitioner's request according to the applicable rules, ensuring the return of documents upon payment of the determined dues and penalty.

Facts

The petitioner, who secured admission to a BDS course at the 4th respondent college, submitted original documents and paid Rs. 50,000/- towards tuition fees. The total tuition fee for the four-year course was Rs. 2,09,000/-. The petitioner later decided to withdraw from the course to pursue another by retaking the NEET examination and requested the return of her original documents. She submitted a representation on May 8, 2023, but received no response or return of documents. The 3rd respondent (University) argued that as per the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007, a candidate withdrawing mid-course must pay a discontinuation fee of Rs. 1,00,000/- for BDS, plus applicable GST.

Key Issues

1. Whether the 4th respondent's demand for the entire tuition fee for all four years for the return of the petitioner's original documents is illegal, arbitrary, and a violation of her fundamental rights? (Question of law and fact, turning on principles of contract law and constitutional rights). 2. What is the applicable fee or penalty for a student withdrawing from the BDS course after admissions have closed, as per the relevant rules and government orders? Petitioner's Arguments: The petitioner argued that the demand for the entire tuition fee for all four years for the return of her original documents was illegal and arbitrary. She sought the return of her documents without being compelled to pay the full course fee, asserting a violation of her fundamental rights. Respondents' Arguments: The respondents, specifically the 3rd respondent (University) and supported by the 4th respondent (college), contended that as per Rule 6(p) of the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007, and cancellation instructions, a candidate withdrawing mid-course is liable to pay a discontinuation fee of Rs. 1,00,000/- for BDS, plus applicable GST. They relied on G.O.Ms.No.72 dated 15.07.2019.