Professional Documents
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Fee Go and Court Order
Fee Go and Court Order
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I l'he Stale ol-[eiangana, Represented by its Special Chief Secretary. Health, ivledica] anci
l- :r nrr lv Wel t'are Departrnent, Secretariat buildings, Flyderabad.
l I Kaloii Naravana Rao University of Health Sciences, Warangal. reoresented bv its
l{ce istlar'.
.i 'l elangana Admission and Fee Relulatory Committee, fNU and FAU Campus. opposrtc
\4ahavir I'lospital, Masab Tank, Hyderabad. Represented by its Member Secretar-v
l. \4alla Reddylnstiruteof M€dical Sciences,SyNo. 138, Venkatarama Colony, Suraram,
QLrthbullapur, Jeedimetla, Hyderabad - 500 055 Represented by its authorized
representative, , *re
5. Mallareddy Medical College for Women Jeedimetla, Suraram, X Road, Quthbullapur,
Ilyderabad, 1'elangana 500055, ROpresented by its authorized representative,
6. Bhaskala Medical Colleger Yenkapally, Moinabad, Ranga Reddy, Telangana- 500 075
Represented by its authorized representative.
7. Prathima Instjtute of Medical Sciences, Nagnur, Karimnagar, Telangana -505417,
Represented by its authorized representative.
E, Kamineni Academy of Medical Sciences and Research Centre Nalgonda Road,
Suryodaya Colony, LB Nagar, Hyderabad, Telangana 500068, Represented by its
authorized repreientative
f. i(arnineni Institute of Medical Sciences Sreepuram' Narketpally, Telangana- 508254
Represented by its authorized representative,
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10. Chalneda Anand Rao Institute of Medical Sciences Bommakal Village, Karirnnagar,
Telangana -505001 . Represpnted by its authorized representative.
i l. Mamata Medical College, D.No. 4-2-161, Opp. Rotary Nager, Khammam, Telangana-
507002, Represented by its authorized representative,
12. MNR Medical College, MNR Educational Trust,2-23 B/3 50, Bhagyanagar Phase-lll.
l(iriratpaliy, Hytierai:ad, Telangana-500 072, represented by its Managing Trustee
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13. SVS Medical College, Yenugonda, Mahabubnagar, Telangana -509001 Represented b1'
its authorized representative.
14. Mediciti institute of Medical Sciences, Medchal, Ghanpur, Telangana-5 01401 .
Represented b1, its authorized representative.
15. Apollo Institute of Medical Sciences and Research Apollo, health City Campus, Road
No.92, Jubilee Hills, Film Nagar, Hyderabad, Telangana 500090. Represented by its
authorized representative.
16. Deccan College of Medical Sciences, Dar-us-Salam Educational Trust, P.O.
Kanchanbagh, DMRL X Road, Santhosh Nagar, Hyderabad-500 058 Represented by its
authorized representative.
17. Shadan Institute ofNledical Sciences, Teaching Hospital and Research Centre,
Himayatsagar Road, Ranga Reddy (dist), Hyderabad, Telangana, represented by its
authorized representative
18. Army College ofDental Sciences, Rajiv Swagruha Abhimaan Project, Secunderabad,
Telangana 500083, Represented by its authorized representative.
19. Mallareddy Dental College for Women Venkatarama Colony, Suraram, Hyderabad,
Telangana 500055 Represented by its authorized representative.
20. Malla Reddy Institute of Dental Sciences Survey No, 137 and 139, Suraram X Roads,
Jeedimetla, Quthbullapur, Hyderabad, Telangana 500055 Represented by its authorized
representative.
21. Panineeya Mahavidyala Institute of, Dental Sciences and Research Centre, Road Number
5, VR Colony, Kamala Nagar, Kothapet, Hyderabad, Telangana-500060. Represented by
its authorized representative.
22. Sri Sai College ofDental Surgery, Kothrepally, Vikarabad, Telangana. Represented by its
authorized representative.
23. MNR Dental College, MNR Nagar, Sangareddy, Telangana. Represented by its
authorized representative.
24. Mamatha Dental College, # 5-7 -200, Giriprasad Nagar, Mamata Road, Khammam,
Telangana-507002, Represented by its authorized representative.
25. Kamineni Institute olDental Sciences, Sreepuram, Narketpally, Telangana - 508254
Represented b1, its authorized representative.
26. SVS Institute of Dental Sciences, Appannapally, Yedira, Mahabubnagar, Telangana -509
002. Represented by its authorized representative.
27 . Meghana Dental College, Nizamabad, Telangana-503230 Represented by its authorized
representative.
28. Sri Balaji Dental College, Yenkapally Village, Moinabad Mandal, P.O, Himayat Nagar',
Hyderabad, Telangana 500075 Represented by its authorized representative.
Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances
stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate
Writ, Order or Direction, more particularly one in the nature ol Writ of Mandamus, setting aside
G.O.Ms. No. 20 dated \4/0412020 issued by the 1't respondent as illegal and arbitrary, without
jurisdiction and violative of fundamental rights;
IA NO: I OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit
filed in support ofthe writ petition, the High Court may be pleased to direct respondents No. 1
and 3 to produce before this Honorable court the entire data./audited financial records of the
educational institutions perused by the 3rd respondent for recommending fee structure for Private
Un-Aided Minority and Non-Minority Professional Medical / Dental Professional courses for lhe
block period 2020-2023 including the 3rd respondents Minutes of Meeting dated 1710312020
upon serving a copy on the Petitioners Advocate, Pending disposal of WP.No.6799 of 2020, on
the file of the High Court.
IA NO: 2 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit
filed in support of the writ petition, the High court may be pleased suspend the operation of
G.o.Ms. No. 20 dated 14104t2020 issued by the lst respondent and pass. Pending disposal of wp
6799 of2020, on the file ofthe High Court.
4
IA NO: 3 OF 2020
Petition under Section 151 CPC praying that in the ciroumstances stated in the affidavit
filed in support of the writ petition, the High Court may be pleased to modify the interim order
dated 20.05.2020 in W.P.No. 6799 of 2020 as "directing the Petitioners herein falling in
Category'A'to pay 50% of the fee mentioned in the impugned G.O and to the Petitioners herein
falling in Category'A'to pay 60 % of the fee mentioned in the impugned G.O." instead of "direct
the petitioners falling in Category 'A' to pay 50% of the enhanced fees, in addition to the fee
prescribed in G.O.Ms. No. 29 dated 02.05,2016 and to give a bond for the rernaining 500% in
favour of the respondents and direct the petitioners falling in Category 'B' to pay 60 % of the
enhanced fees, in addition to the fee prescribed in G.O.Ms. No. 29 dated 02.05.1016 and to give a
bond for the remaining 4070 in favour of the respondents" Pending disposal of WP.No.6799 of
2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri Sama Sandeep Reddy Advocate for the
Petitioners and Advocate General for the Respondent No. 1, and Sri A. Prabhakar Rao, Advocate
for the respondent No. 2 and Sri D. Prakash Reddy leamed Senior Counsel representing Sri
Sriram Polai Advocate for the respondent No. 13 and 26 and Sri D.V. Sitaram Murthy leamed
Senior Counsel representing respondent No. 8 and Sri L. Ravichander leamed Senior Counsel
representing Sri Sricharan Telaprolu, Advocate for the respondent No. 12 and 23 and Sri S.
Niranjan Reddy, learned Senior Counsel representing for the respondent No. 6 and IWs. Indus
Law Firm for the respondent No. 15 and Sri Pandu Ranga Reddy Advocate for the respondent
No. 16, the Court made the following.
ORDER:
The present I.A. No. 3 of 2020 has been filed for seeking modification of the order dated
20.05.2020 passed by this Court. By the said order, this Court has directed as under:-
Presently, this Court is required to balance the con/licting interest of the students,
and the interest of the Medical Colleges. Considering the fact that prima facie there
oppears to be d steep increase in the fees, considering the fact that not only the State, but
even the Nation is passing through a critical phase of having lo tackle the pandemic, and
considering the fact that the students, and their parents may find it extremely dfficult, in
the present circumstances, to muster up the entire amount offees, which is required to be
paid to the Medical Colleges/the respondents, it will be in the interest ofiustice, to direct
the petitioners falling in Category 'A' to pay 50% of the enhancedfees, in addition to the
fee prescribed in G.O.Ms.No.29, dated 02.05.2016, and to give a bondfor the remaining
50% in favour of the respondents. It would also be in the interest ofjustice to direct the
petitioners falling in Category 'B', which is the Management Quota sub-category l, to
pay 60% of the enhancedfees, in addition to thefee prescribed in G.O.Ms.No.29, dated
02.05.2016, and to give a bondfor the remaining 40% in favour of the respondents.
It is clarified that the amount paid by the candidates, and the bonds submitted by
them, shall be subject to the final decision of this case.
Mr. Sama Sandeep Reddy, the leamed counsel for the petitioners, submits that initially
this Court was of the opinion that only 50% of the amount fixed in impugned G.O.Ms. No. 20,
dated 14.04.2020 needs to be deposited by the petitioners for Category-A, and 60Yo for
Category-B needs to be deposited by the students while giving bond for the remaining amount.
However, subsequently, the order, as mentioned hereinabove, has been passed. Since the order
directs the petitioners to pay the amount fixed by G.O.Ms. No. 29, dated 02.05.2016 plus 50% of
the enhanced amount, hardly any relief has been given to the students by this Court. For, if the
amount mentioned in G.O.Ms. No. 29 is to be added, a student will end up with paying 70% of
the total fee being charged from the students.
50% of the amount fixed in the impugned G.O. needs to be paid, and a bond for the remaining
50% needs to be submitted. Therefore, according to the leamed counsel, in order to keep a parity
between the order dated 18.05.2017, and the order to be passed by this Court, the order dated
20.05.2020 needs to be modified, and this Court should direct that only 50% of the amount
mentioned in G.O.Ms. No. 20 dated 14.04.2020 needs to be paid.
On the other band, Mr. D. Prakash Reddy, and Mr. L. Ravichander, the leamed Senior
Counsel, have pleaded that, in case the amount mentioned in G.O.Ms. No. 29, dated 02.05.2016
were not paid, the enhanced amount is rather low. Therefore, in order to safeguard the interests
of the medical institutions, the order dated 20.05.2020 should not be modified by this Court.
Heard the learned counsel for the parties.
A bare perusal of the order dated 18.05.2017 passed by the leamed Coordinate Bench
clearly reveals that the leamed Bench had passed the following order:-
There shall be a direction to the respondents to proceed with the process of admissi<tns
into Post Graduate Medical Courses and the respondents shall complete the process offilling up
of seats subject to collecting half of the fee fixed by the Government by virtue of impugned
Governmental Orders for all the categories and by obtaining necessary bonds from the
candidates for the rest of the amount.
Therefore, the leamed Coordinate Bench had merely directed that halfofthe fee fixed by
the Government in the impugned Govemmental Orders shall be paid, and bonds for the
remaining half shall be submitted by the students.
Obviously, a judicial parity has to be maintained. For, two Coordinate Benches of the
same High Court cannot speak in contradictory voices.
Moreover, Mr. Sandeep Reddy, the leamed counsel for the petitioners, points out that
since the order dated 20.05.2020 seems to be limited only to the petitioners in the present writ
petition, it is creating a bit of confusion. For, the rest of those candidates who are seeking
admission in medical colleges, have not been granted the benefit ofany relief by this Court. He
further submits that since all the students would have to be fieated as a homogenous category, an
artificial division cannot be made, that is, whereas the petitioners, who have been granted the
benefit of this order, are required to pay only 50% of amount fixed in G.O.Ms. No. 20 dated
14.04.2020, while others are asked to pay the entire amount. Therefore, he pleads that this order
Mr. D. Prakash Reddy, the leamed Senior Counsel, on the other hand, submits that since
some students have already paid the entire amount, as they were under the bonafide belief that
the interim order dated 20.05.2020 does not apply to them, even if the present order is to be
made in rem, the interests of the Medical Colleges should be protected and they should not be
In catena ofcases, the Hon'ble Supreme Court has clearly opined that if a judgment is to
be passed for a class of people, and is not limited only to the interests and rights of few
individuals, the judgment should be in rem rather than in personam. obviously, the category of
those candidates/students seeking admission into P.G. courses in the medical colleges is a
homogenous class. Therefore, a division cannot be created artificially. Hence, this Court is of
the opinion that the order dated 20.05.2020 also needs to be modified in its scope tiom being an
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order i,? personam to be an order in rem. However, in order to protect the interests of the
Medical Colleges who have already received the fulI fees from some of the candidates/students,
the Medical Colleges shall not be required to refund the 50%, or the 40% of the fees collected
from Category-A and Category-B students. Therefore, this Court modifies the order dated
20.05.2020 to the limited extent as under:-
Firstly, the petitioners and others, belonging to Category-A, are directed to deposit 50%
of the amount mentioned in G.O.Ms. No. 20, dated 14.04.2020.
Secondly, the petitioners and others, falling in Category-B, are directed to deposit 60%o of
the amount mentioned in G.O.Ms. No. 20, dated 14.04.2020. Consequently, the respondents are
directed to accept 50% of the amount mentioned for Category-A in G.O.Ms. No. 20, and 60% of
the amount mentioned for Category-B in G.O.Ms. No. 20.
Thirdly, the students are directed to submit a bond for the payment of the remaining
amount for their respective category.
Fourthly, the Medical Colleges which have already been paid the total amount by some
of the candidates/students are not required to refund the excess amount already deposited by the
candidates/students as a consequence ofthe order passed hereinabove.
Lastly, it is made abundantly clear that the present order is an order in rem, and is not an
order in personam. Therefore, the benefit of this order would be available, and shall be
applicable to the remaining candidates/students who are still required to deposit the fees by June
01,2020. To this limited extent, the order dated 20.05.2020 stands modified.
The application is ordered accordingly.
SEC OFFICER
To,
I .
The Special Chief Secretary, Health, Medical and Family Welfare Department, State ol
Telangana, Secretariat buildings, Hyderabad.
2. The Registrar, Kaloji Narayana Rao University of Health Sciences, Warangal,
3. The Member Secretary, Telangana Admission and Fee Regulatory Committee, JNU and
FAU Campus, opposite Mahavir Hospital, Masab Tank, Hyderabad
4. The Authorized Representative, Malla Reddy institute of Medical Sciences, Sy No. 138,
Venkatarama Colony, Suraram, Quthbullapur, Jeedimetla, Hyderabad - 500 055
5. The Authorized Representative, Mallareddy Medical College for Women Jeedimetla,
Suraram, X Road, Quthbullapur, Hyderabad, Telangana 500055
6. The Authorized Representative, Bhaskara Medical College, Yenkapally, Moinabad,
Ranga Reddy, Telangana- 500 075
7. The Authorized Representative, Prathima Institute of Medical Sciences, Nagnur,
Karimnagar, Telangana -5054 I 7,
8. The Authorized Representative, Kamineni Academy of Medical Sciences and Research
Centre Nalgonda Road, Suryodaya Colony, LB Nagar, Hyderabad, Telangana 500068,
9. The Authorized Representative, Kamineni Institute of Medical Sciences Sreepuram,
Narketpally, Telangana- 508254
10. The Authorized Representative, Chalmeda Anand Rao Institute of Medical Sciences
Bommakal Village, Karimnagar, Telangana -505001 .
11. The Authorized Representative, Mamata Medical College, D.No. 4-2-161, Opp. Rotary
Nager, Khammam, Telangana-507002,
12. The Authorized Representative, MNR Medical College, MNR Educational Trust,2-
23P,1350, Bhagyanagar PhaseJII, Kukatpally, Hyderabad, Telangana-500 072
7
HIGH COURT
HCJ
&
DR. SAJ
DATED: 26105120:r.0
ORDER
I.A.NO.3 0F 2020
IN
WP.No.6799 of 2020
s
s
+
DIRECTION