C RAJANIDHAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) All these Writ Petitions have been filed by the students prosecuting M.B.B.S. Course in Mamatha Medical College, Khammam. These Writ Petitions have been filed to declare the action of the Government of Andhra Pradesh rep. by its Secretary, Health, Medical and Family Welfare Department in not ensuring strict compliance of G. O. Ms. No.320, Health, Medical and Family Welfare (EI) Department dated 6-8-1998 and G.O.Ms.No.611 dated 23-12-1998 in so far as the Mamatha Medical College, Khammam is concerned and permitting it to collect Rs. 27,000/- per annum towards special fee as arbitrary, illegal, unjust and contrary to law and for consequential directions to the Government of Andhra Pradesh to ensure that the fourth respondent College should return the excess amount collected from the petitioners in the name of the special fee in terms of Circular dated 20-12-2000 and for such other orders.

(2.) This Court admitted all these Writ Petitions in 2000 and 2001. While admitting the same, this Court also granted interim directions not to collect any fee except as per G.O. Ms. No. 320, Health, Medical and Family Welfare (EI) Department dated 6-8-1998 and G.O.Ms.No.611 dt. 23-12-1998. Aggrieved by the same, the respondent- Medical College filed the vacate stay petitions to vacate the above orders. As the issue involved in all these Writ Petitions is one and the same, they are clubbed together. When the matters have come up for hearing, all the counsel have agreed that all these writ petitions can be disposed of finally. Hence, the matters were heard finally and are being disposed of by this common judgment.

(3.) The petitioners in all these writ petitions are the students of the Mamatha Medical College, Khammam (hereinafter referred to as 'Medical College') studying M.B.B.S. Course. They are all admitted into first year M. B. B. S. course in 1997-98 and 1998-99. It is also further stated in the affidavit that the Convener, EAMCET, is supervising the admissions. It is also further stated in the affidavit that the NTR University of Health Sciences is issuing the notification relating to admission into various educational institutions for admission into first year M. B. B. S. Course. It is also further stated in the affidavit that the NTR Health University of Sciences is the authority to deal with the admissions into various courses of Medical Education. It is also further stated that according to the notification, the Mamatha Medical College is permitted to admit 50 free seats and 35 payment seats. The petitioners have filed a notification of the NTR Health University for the academic year 1998-99. According to the petitioners, the fee has to be collected under clause XII of the admission rules. The petitioners have relied upon G.O.Ms.No. 297 Health, Medical and Family Welfare (El) Department dated 1-8-1997 wherein the fee structure has been prescribed for admission of students into Government/ University/ Private Medical and Dental Colleges in the State for the academic year 1997-98. According to the said G. O., the fee structure has been prescribed for the Medical Colleges as follows: I. MEDICAL COLLEGES: