Dr. M. Sri tVlanvi Reddy v. The State of Telangana, Represented by its

Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a wrrt order, or direction more particularly one in the nature of Writ of [/andamus declaring the action of the 2nd and 3rd respondents in not returning the original certificates of the petitioners i.e., i. Permanent t\zledical Council Registration Certificate, ii. MBBS Provisional Degree Certificate including with statement of marks, iii. lnternship Certificate, iv. Bonafide and Conduct Certificates, v. Memorandum of Marks -X, vi. Memorandum of I\/arks-Xll, vii. Memorandum of Marks MBBS, viii. Transfer Certificate, ix. Migration Certificate etc., as illegal, arbitrary and violative of Article 14, 300-4 of the Constitution of lndia and also in violatron of the orders passed by this Hon'ble Court in WP No. 20889 of 2024, WP No. 135'10 of 2025 and WP No. 21137 of 2019 and consequently direct the 2nd and 3rd respondents to return the original certificates of the petitioner i.e., i. Permanent Medical Council Registration Ce(ificate, ii. IVBBS Provisional Degree Certificate, iii. lnternship Certificate, iv. Bonafide and Conduct Certificates, v. [t/emorandum of [/arks -X, vi. Memorandum of fvlarks-Xll, vri. Memorandum of lVlarks IVBBS including with statement of marks, viii. Transfe( Certificate, ix. lvligration Certificate etc., lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd and 3rd respondents to return the original certificates of the petitioner i.e., i. Permanent Medical Council Registration Certificate, ii. IVBBS Provisional Degree Certificate, iii. lnternship Certificate, iv. Bonafide and Conduct Certificates, Memorandum of [Varks -X, vi.lVemorandum of IVlarks-Xll, vii. Memorandum of lrlarks TVBBS including with statement of marks, viii. Transfer Certificate, ix. Migration Certlficate etc., pending disposal of the writ petition. Counsel for the Petitioner: SRI N.KRISHNA SUMANTH Counsel for the Respondent No.'l : Ms. K.SWAPNA, AGP FOR MEDICAL HEALTH FW Counsel forthe Respondent No.2: SRI T.SHARATH, SC FOR KNRUHS The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.16413 of 2O2S ORDER: Heard learned counsel lor the petitioner and Mrs. K.Swapna, learned Assistant Government Pleader for Medical and Health appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission. 2 Learned counsel for the petitioner submits that the petitioner is declaring the action of the respondent Nos.2 and 3 in not returning the original certificates of the petitioner i.e., 1) Permanent Medical Council Registration Certihcate, 2l MBBS Provisional Degree Certificate including with statement of marks, 3) Internship Certificate, 4) Bonafide and Conduct Certihcates, 5) Memorandum of Marks-X, 6) Memorandum of Marks-XII, 7) Memorandum of Marks MBBS, 8) Tralsfer Certihcate, 9) Migration Certificate etc., as illegal, arbitrary and violative of Article 14, 3OO-A ol the Constitution of India and consequcntly direct respondent Nos.2 and 3 to return the original ccrtilicates o[ the petitioner 2 SK, J W.P.No.16473 of 2025

3. Learned counsel for the petitioner further submits that in similar circumstances, the Division Bench of this Court allowed the writ petition in W.p.No.21137 of 2Ol9 on

24.Of .2O2O and this Court disposed of the writ petitions in W.P.No.208B9 of 2024, dated 06.O8.2024 and W.P.No.13510 of 2025, dated 24.O1.2O2O and requested to pass similar order in this writ petition also. 4 On the other hand, the learned Assistant Government Pleader for Medical and Health is not disputing the submission made by the learned counsel for the petitioner with regard to the disposal of the above said writ petitions 5 The relevant portion of W.P.No.2ll37 of 2OI9, dated 24.01.2O2O is as foliows "29. We are not expressing any opinion on the ight of the respondent No.3-College to recouer amounts touards the entire course fee or the bond amount o/ Rs.3 lakh-s from the petitioner/ her parent, but ute hold. that utithhotd.ing her oiginal academic quali,fication ceftificates, is impermissible in lau. 3 sr(, \' W.P.No.16413 of 2025

30. Therefore, the Writ Petition is allowed; the action of the respondent No.3-College in not retuming the oiginal academic qualification ceftifcates of the petitioner who had discontinued study of M.B.B.S. I year course in the said college, is decLared as illegal, arbitrary and uiolatiue of Article 14 and 30O-A of the Constitution of India; Para no.7(iti) of G.O.MS.No. 114, Health, Medial and Family Welfare (C.1) Departmertt, dt.05.07.2017 is declared to be ultra uires the powers of the State Gouentment under the Telangana Educational .lnstitulions (Regulation of Admissions and Prohibitlort of Capitation Fee) Act, 1983 (Act 5 of 1983); and. the 3rd respondent is forthutith directed to retum the origlinal academic qualification certificates of the petitiorter to her. No cosls. " 6 In view of the submissions made by both sides and for the reasons alike in the above mentioned orders, this wrlt petrtlon 1S disposed of by directing the respondent Nos.2 and 3 authorities to return the original certificates of the petitioner i.e., 1) Permanent Medical Council Registration Certificate, 2l MBBS Provisional Degree Certificate including with statement of marks, 3) Internship Certificate, 4) Bonafide and Conduct Certificates, 5) Memorandum of Marks-X, 6) Memorandum of Marks-XII, 7) t I \ \ 4 --'l SIr, J W.P.No.76413 of 2025 Memorandum of Marks MBBS, 8) Transfer Certificate, 9) Migration Certificate etc., as noted hereinabove within a period of one (1) week from the date of receiving of a copy of this order. However, it is made clear that the aloresaid direction of this Court would not come in the way of respondent institution initiating action for claiming the amount under the bond. There shall be no order as to costs. 7 Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //rRUE coPY// SD/. K.SREERAMA MURTHY ^DEPUTY REGISTRAR ri', \- l\, , L' isrcttott oFFtcER '1 . The Principal Secretary, Health Medical and Family Welfare Department, Secretariat (Telangana), Hyderabad, State of Telangana.

2. The Registrar. Kaloji Narayana Rao University of Health Sciences. Having its office at Warangal, Telangana.

3. The Principal, RVIV lnstitute of lVledical Sciences and Research Centre, O/o. H. No. 2-5 1 / 1, Laxmakkapally Village, Mulugu, Siddipet, f elangana-5O227 9.

4. One CC to SRI N.KRISHNA SUIVANTH, Advocate [OPUC] 5 One CC to SRI T.SHARATH, SC FOR KNRUHS [OPUC] 6. Two CCs to GP FOR MEDICAL HEALTH FW, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 7 BSR GJP \ To, HIGH GOURT DATED:3010612025 ORDER WP.No.16413 of 2025 og Tl-lE 5 ( (' :)|,.' !1 10 lut M r- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS v