The High Court · 2025

Ivls. Syed sumayya Kousar, D/o Syed Yousuf Baba, Aged about 21 years, Occupation.Student of BDS First Year, Sri Sai Dental College, Vikarabad, Presently residing at H.No.9-1 111101, Anianeya Nagar, Boduppal, Hyderabad-S00092, Telangana (NEET ROLL NUMBER 4201104233) AND ...PET|T|ONER

1. The State of Telangana, Rep. by its Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad.

2. The Principal, Sri Sai College of Dental Surgery, Vikarabad, Telangana. 3. Kaloji Narayana Rao University of Health Sciences, rep. by its Registrar, warangal' Telangana ...RES'.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of proceedings bearing lvlandamus (a) Declaring the Lr.No.872SIKNRUHS/AC4|Disc/2025 dated 08.09.2025 issued by the 3rd Respondent as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of lndia (b) Consequently direct the Respondents to permit the Petitioner to pay the discontinuation penalty amount in reasonable 4-5 installments, and to process the discontinuation request accordingly. 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 Respondents to permit the Petitioner to pay the discontinuation penalty amount in reasonable 4-5 installments, subject to final outcome of the Writ Petition, Pending disposal of the above Writ Petition. Counsel for the Petitioner SRI VARUN KUMAR.E Counsel for the Respondent No.'l: GP FOR MEDICAL HEALTH & FW Counsel forthe Respondent No.3: SRI T.SHARATH, SC FOR KNRUHS Counsel for the Respondent No.2: - The Court made the following: ORDER I ORDER: HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.2863O of 2o25 Heard Sri E.Varun Kumar, Iearned counsel for the petitioner and Sri T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences, appearing for respondent No.3. Perused the record.

2. Petitioner joined in respondent No.2 - Sri Sai College of Dental Surgery, Vikarabd in BDS Course during the academic year 2024-2025. Respondent No.2 College is alhliated to respondent No.3 Universi[r. She has appeared for NtrtrT- 2025 and secured A11 India Rank (AIR 2057 23) and EWS category rank 24750. She is expecting admission in C-Category in MBBS for the academic year 2025 26. Therefore, she wants to discontinue her admission in BDS Course in respondent No.2 College. Respondent No.3 is insisting the petitioner to pay the bond amolrnt of Rs.2O,00,0OO/- as per G.O.Ms.No. 125, dated 22.09.2022. Therefore, she has subrnitted a representation dated

16.08.2025 to respondent No.3 with a request to grant 4 to 5 equal monthly installments. Despite receiving the KL,J W.P.No.28630 of 2025 2 acknowledgement of the said representation, respondent No.3 did not act upon the same. Respondent No.2 is not returning the original certihcates to the petitioner. Aggneved by the said inaction of the respondents, the petitioner hled the present writ petition.

3. Learned Standing Counsel appearing for respondent No.3 on instructions would submit that the petitioner sought time to pay the bond amount in four to hve equal monthlv installments. There is no provision in the Regulations to permit the petitioner to pay thc amount in equal installments. said bond Universit5r

4. In the light of the above submission, it is relevant to note that in D. Vaishnavi u. StoLte of Telanganar a Division Bench of this Court (one of struck down paragraph No.7 (iii) of G.O.Ms.No.I 14, dated OS.OZ.2OIZ i.e., original certificates submitted by the petitioner/candidate shal not be returned to them, till they complete their course of study and appear for the universit5r examination holding it as un_constitutional. A similar view was aiso taken by this Court in Mahatma ' w.P. M.ztt3z of 2019, decided on 24.01.2020 KL,J W.P.No.28630 of 2025 3 Gandhl Lau College, MIR Nagar, Hgderobad a. StcLte of Telonganaz. Relying on the said principle, in Sai Zakshmi Saranga a. The Stolte of Telanganas this Court also directed the College therein to return the original certificates to the petitioner therein.

5. In the light of the above, neither respondent No.2, nor respondent No.3 have any lien over the certihcates of the petitioner. If ttre petitioner violates a bond, if any, executed by her in favour of respondent No.2 or respondent No.3, they have to take steps in accordance with law, but they cannot withhold the certificates.

6. Considering the said submissions and legal position, this writ petition is disposed of directing respondent No.3 to consider the representation dated l6.Oa.2O2S submitted by the petitioner seeking equal monthly installments to clear the said bond amount of Rs.2O,OO,00O/_, within one week from the date of receipt of a copy of this order. Therealter, the petitioner shall clear tJle said amount as per the installments granted by respondent No.3. The petitioner shall submit a ' .w.P. No.224t',t of 2018, decided on 09.12.2022 L W.P. No.25359 of 2024, decided ol 29.10-ZOZ4 \ KL.J W.P.No.28630 of 2025 4 representation to respondent No'2 within one week from today with a request to return the original certihcates On receipt of the same, respondent No'2 shal1 retum the original the petitioner herein under due certificates to acknowledgment. No costs' Asa sequel thereto, miscellaleous petitions, if any' pending in the Writ Petition sha11 stand closed- SD/. A.JAYASREE ASSISTANT REGISTRAR /'e- SECTION OFFICER //TRUE COPY// To Secretariai, Hyderabad, State of Telangana' 'l The Principal Secretary, Health, Medical and Family Welfare Department' 2 ii;' F;i;"i;ar,'Sti siiCbtt"ge of Dental Sursery,-Vikarabad' Telangana 5 iii" n"giti*i, kaloii r.raraGni nao Universltybf Health sciences' warangal' 4 il; iC i; sRIvARUN KUMAR.E, Advocate [oPUC] d. i; ccri" ci ron rueorcel HEALTH & Fw, High court for the State ot Telanoana. Telanoana, at HYderabad. [OUTI o;; ic i; sRii.rrAnarrt, sc'FoR KNRUHS [oPUC] Two CD Copies 6 7 PSK. PSK CC TODAY HIGH COURT DATED:2310912025 ORDER WP.No.28630 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS