K VAMSHI KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners, who are pursuing 1st year MBBS/BDS course in private institutions, admitted against B-category seats, have filed this batch of writ petitions questioning the action of the private institutions in demanding them to pay tuition fee, as illegal and arbitrary and contrary to the endorsements "fee exempted" made in the letters of allotment, issued by Dr. NTR University of Medical and Health Sciences. Pleadings of the Petitioners

(2.) The petitioners belong to various communities of Backward Classes. After their two years Intermediate Course, they appeared for EAMCET-2008 under medical stream and passed the same. As called, they appeared for the counseling before the Convenor, Dr. NTR University of Medical and Health Sciences (hereinafter referred to as "the University", who gave them allotment letters, admitting them against the Competent Authority Seats of MBBS/ BDS in different private medical colleges. At the time of admission/counseling, the petitioners state that they were informed by the Convenor/University authorities, that since they were admitted against the Competent Authority Seats, they need not pay the tuition fee as they are exempted from paying the tuition fee in terms of G.O. Ms. No.18, BCW (B2) Department, dated 27.6.2008, and that after collecting the nominal fee fixed, the Convenor/University authorities made an endorsement on their allotment letters to the effect "fee exempted". Pursuant to their admission, the petitioners state that they are pursuing their 1st year MBBS/BDS courses, and while so, the colleges in which they are studying refused to permit them to attend the theory and practical classes and also refused to receive their examination fee on the ground that they did not pay the tuition fee, and they further informed the petitioners that unless they pay the tuition fee, they will not be permitted to attend the theory and practical classes and appear for the examinations. Hence, they filed the present writ petitions. Submissions made on behalf of the Petitioners

(3.) The learned Counsel for the petitioners submitted that the petitioners are poor BC students with their parental annual income not exceeding more than Rs.1,00,000/-. At the time of admission/ counseling into MBBS/BDS courses, the petitioners were informed by the Convenor/ University authorities that "they were admitted against the Competent Authority Seats, and that they need not pay the tuition fee as they are exempted from payment in terms of G.O. Ms. No.18, dated 27.6.2009, and accordingly, they made an endorsement on their letters of allotment to the effect "fee exempted". They submitted that since the petitioners were admitted against the Competent Authority Seats in the private medical colleges, and they having been informed by the Convenor/University authorities that they need not pay the tuition fee because they are exempted from paying the tuition fee in terms of G.O. Ms. No.18 dated 27.6.2008, the colleges are not justified in refusing to permit them to attend the theory and practical classes until they pay the tuition fee, and their action in demanding the petitioners to pay the tuition fee, is illegal and arbitrary. They further submitted that the petitioners had taken admission in MBBS/BDS courses in private medical colleges because they were informed that they are admitted against the Competent Authority Seats, and that they are exempted from paying the fee, and having regard to the fact that based on the assurance given by the Convenor/University authorities, they had joined the private medical colleges, they have accrued right to pursue the studies without paying the fee, and if in the middle of the course they are called upon to pay the tuition fee, the petitioners, who hail from poor BC families, have no other alternative, but to give up their studies. They further submitted that they been informed at the time of admission/counseling that they are required to pay the fee, then they would not have taken admission, and at any rate, for the fault, if any, committed by the Convenor/ University authorities, the petitioners cannot be penalized and prayed that the writ petitions be allowed as prayed for. Submissions made on behalf of the Government