m APHC010559772025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI . n (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE K SREENIVASA REDDY WRIT PETITION NO: OF 2025 / V V ij'* ViW' m 7 i-%- ■Wif ’•v. -’N .A7' Between: Kushi Yerramsetty, D/o Lakshmikahth Suresh, Student, R/o H.No.5-9-67/86/A, .Sri Devi Malkajigiri District, Telangana State. Aged about 20 years, BDS Kalyan Estates Yapral, Medchel- ...Petitioner AND 1. The State of Andhra Pradesh >n, represented by its Principal Secretary, Department, Secretariat, Medical and Health Family Welfare Velagapudi, Amaravathi, Guntur district. 2. Dr.N.T.R University of Health Sciences, Vijayawada, Krishna district; represented by its Registrar, 3. The Principal, KIMS Dental Oollege, Amalapuram, Dr. B.R.Ambedkar Konaseem District. 4. Dental Council of India Commission Building, Plot No.14, Sector-9, R.K.Puram, New Delhi. rep. by its Secrerary, National Dental ...Respondents Petition under Article 226 of the Constitution of India praying that in the in the affidavit filed therewith, the High Court circumstances stated i pleased to issue an may be more particularly one the action of the 2"'* and 3^"^ appropriate writ, order or direction in the nature of writ of mandamus declaring respondents herein in not considering the applications dt.29-9-2025 and 9-10- 2025 for discontinuation of the petitioner's BDS course of the academic 2024-25 and not returned the TC and respondent-college on the medical grounds is illegal, arbitrary and violative of principals of natural justice. lA NO: 1 OF 2025 year other relevant documents by the 3rd Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased the respondent herein to return the praying that in the circumstances stated to original Transfer Certificate and other relevant document to the petitioner by considering the applications dt.29-9- 2025 and 9-10-2025 pending disposal of writ petition in the interests of justice. Counsel for the Petitioner; SRI G V S MEHAR KUMAR Counsel for the Respondent No.1: GP FOR MEDICAL HEALTH & FW The Court made the following order: APHC010559772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 28855 OF 2025 Between: 1. KUSHI YfERRAMSETTY, D/o Lakshmikanth Suresh Aged about 20 years, BDS Student, R/o H.No.5-9-67/86/A, Sri Devi Kalyan Estates Yapral, Medchel-Malkajigiri district. Telangana State. ...Petitioner AND 1. THE STATE OF AP, represented by its Principal Secretary, Medical and Health Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur district. 2. Dr N T R University of Health Sciences, represented by its Registrar, Vijayawada, Krishna district. 3. The Principal, KIMS Dental College, Amalapuram, Dr. B.R.Ambedkar Konaseem District. 4. Dental Council of India, rep. by its Secretary, National Dental Commission Building, Plot No.14, Sector-9, R.K.Puram, New Delhi. ...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 of Writ of Mandamus declaring the action of the 2nd and 3rd respondents herein in not considering the applications dt.29-9-2025 and 9-10-2025 for SRX, J W.P.No.28855 of2025 2 discontinuation of the petitioner's BDS course of the academic 2024-25 and not returned the TC and other relevant documents by the year 3rd respondent-college on the medical grounds is illegal, arbitrary and violative of principles of natural justice. Counsel for the Petitioner: G V S MEHAR KUMAR Counsel for the Respondents: GP FOR MEDICAL HEALTH FW SRK, J W.P.No.28855 of 2025 f 3 ■■'V The Court made the following ORDER: The present Writ Petition has been filed questioning the action of respondents 2 and 3 in not considering the applications of the petitioner dated 29.09.2025 and 09.10.2025 for discontinuation of her BDS Course for the academic year 2024- 25 and not returning the TC and other relevant documents by 3 respondent - College on the medical grounds. rd Case of the petitioner is that she joined in 3^^ respondent - College in BDS Course for the academic year 2024-25 through counselling duly conducted by 2^^^ respondent. After completion of all formalities, she paid the admission fee and other relevant fees to respondents- 2 and -3. commenced and she has been attending the classes regularly without fail. 2. Thereafter, classes were Petitioner states that she was born and brought up at Hyderabad and her entire education upto Intermediate Course was completed at Hyderabad, thereafter the petitioner joined in 3'^*^ respondent College at Amalapuram, but shfe could not adjust to the environment and she suffered from skin diseases like rashes and allergies, in spite of best medical treatment. In view of the said reason, petitioner made applications dated 29.09.2025 and 09.10.2025 requesting the respondent authorities to permit her to discontinue the BDS Course and to return the original Transfer Certificate and other relevant documents. But, so far, no action has been taken by respondents 2 and 3 on the said applications. Hence, she filed the present Writ Petition. SRK, J W.P.No.28855 of2025 4 3. Learned Standing Counsel for respondent Nos.2 submits that, the Government of Andhra Pradesh, vide GO Ms.No.72, Health, Medical and Family Welfare (C1) Department, dated 15.07.2019, made certain amendments Pradesh Un-aided and 3 to the Andhra Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical Dental Professional Courses) Rules Ms.No.136, HM&FW (El) Department, dated 20‘^ April 2007 and published in the Rules supplement to Part-1, AP Gazette No.30, dated 2""^ May, 2007, and as per the amendment to Rule 6(B) under III and Sub-rule (p), if any candidate wants to withdraw from the course after the closure of admissions in the middle of the course, such candidate has to submit the request through the Principal of the college concerned along discontinuation fee Rs.3,00,000/- for MBBS and Rs.1,00,000/- for and 2007 issued in GO with course BDS course and GST as applicable to the University by way of demand draft. 4. At this stage, learned counsel for the petitioner submits that the petitioner has already given an undertaking to 2 on 05.11.2024, which is filed in the material papers and marked as Ex.P2, stating that in the event of her discontinuing the studies she would pay the University a sum of Rs.1,00,000/- and GST 18% i.e., total Rs.1,18,000/-, hence he requests to permit the petitioner to pay the said amount to the University by way of demand draft. nd respondent SRK, J W.P.No.28855 of2025 5 Since the petitioner is inclined to pay the requisite fee, respondent Nos.2 and 3 would not have any objection for return of the TC and other relevant documents to her. 5. In view of the aforesaid facts and circumstances, the petitioner is permitted to pay a sum of Rs.1,00,000/- along with GST at 18%, amounting to a total of Rs. 1,18,000/- (Rupees One Lakh Eighteen Thousand only), by way of a demand draft drawn in favour of 2"^^ respondent University. Upon receipt of the said demand draft, respondent Nos.2 and 3 are directed to hand over the Transfer Certificate (TC) and other documents to the petitioner forthwith. 6. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. 7. As a sequel thereto, the miscellaneous applications, if any pending in this Writ Petition shall stand closed. Sd/- SRI T.SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Medical and Health Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur district. 2. Dr.N.T.R University of Health Sciences, represented by its Registrar, Vijayawada, Krishna district. 3. The Principal, KIMS Dental College, Amalapuram, Dr. B.R.Ambedkar Konaseem District. 4. The Secretary, Dental Council of India, National Dental Commission Building, Plot No.14, Sector-9, R.K.Puram, New Delhi. 5. One CC to SRI G V S MEHAR KUMAR Advocate [OPUC] 6. Two CCS to GP FOR MEDICAL HEALTH & FW High Court of Andhra Pradesh [OUT] 7. Two CD Copies GSG , HIGH COURT DATED: 17/10/2025 ORDER WP NO. 28855 OF 2025 «=» 2 9 OCT 2025 ^^Xyrrent Sectioox^^ o C/> * ALLOWING THE WP WITHOUT COSTS