Mareedu Dhanushya vs. The State Of Andhra Pradesh
Held
The Court held that the inaction of respondent No. 3 College in returning the original certificates was arbitrary. The Court noted that as per sub-rule (iii)(6)(p) of Rule 6(B) of G.O.Ms.No.72, a candidate withdrawing from the course after the closure of admissions is required to pay a course discontinuation fee of Rs. 1.00 lakh for BDS and applicable GST. The petitioner expressed willingness to pay this amount. Therefore, the Court directed respondent No. 3 College to return all original certificates submitted by the petitioner upon her payment of Rs. 1.00 lakh to respondent No. 2 University and production of the payment receipt before respondent No. 3 College. The Writ Petition was disposed of accordingly.
Facts
The petitioner joined the Bachelor of Dental Surgery (BDS) course at respondent No. 3 College, submitting original certificates. She later decided to discontinue the course and requested the return of her certificates on February 11, 2021. The college refused to return them, demanding Rs. 4.00 lakhs. The petitioner contended that she had already paid the due fees and that the college's action violated G.O.Ms.No.72 dated July 15, 2019. The college argued that certificates would be returned upon payment of outstanding fees. The petitioner stated her willingness to pay the course discontinuation fee of Rs. 1.00 lakh plus applicable GST as stipulated in the G.O.
Key Issues
1. Whether the inaction of respondent No. 3 College in returning the original certificates submitted by the petitioner, despite her representation to discontinue the BDS course, is illegal and arbitrary, particularly in light of G.O.Ms.No.72 dated 15.07.2019? (Question of law and fact, turning on G.O.Ms.No.72). Petitioner's contention: The college's refusal to return certificates and demand for Rs. 4.00 lakhs is illegal and arbitrary, violating G.O.Ms.No.72. The petitioner has paid all dues and is willing to pay the stipulated discontinuation fee. Respondent No. 3 College's contention: Original certificates will be returned provided the petitioner pays the fee due to the college. The college relies on the fee structure and discontinuation charges mentioned in G.O.Ms.No.72.
Sections Cited
G.O.Ms.No.72
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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.4692 of 2021 ORDER:
Heard the learned Counsel for the petitioner and Sri Challa Ajay Kumar, learned Counsel for respondent No.
None appears for respondent Nos.1 and 2. At their request, the Writ Petition is being disposed of at the admission stage. The Writ Petition is filed to declare the inaction of the respondents in returning the original certificates, which were submitted at the time of admission into the Bachelor of Dental Surgery (BDS) Course, as illegal and arbitrary. Petitioner’s case, in short, is that she joined in respondent No.3 – College and submitted original certificates, vide allotment order dated 11.01.2021, but, as she wanted to discontinue the said course, she made a representation dated 11.02.2021 to respondent No.3 – College to return the original certificates and, in spite of her representation, respondent No.3 – College did not return the original certificates, which is in violation of G.O.Ms.No.72 dated 15.07.2019, and instead respondent No.3 – College is demanding Rs.4.00 lakhs for return of the original certificates. Hence the Writ Petition.
2 Sri Challa Ajay Kum
The judgment continues below.
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