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High Court of Andhra Pradesh · body

2025 DAILYLAW 52841 (AP)

DATTI SPANDANA v. THE STATE OF ANDHRA PRADESH

WP/30072/2025 · 2025-11-24

K Sreenivasa Reddy

body2025

Judgment text

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APHC010580422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30072/2025 Between: 1. DATTI SPANDANA, D/O NARAYANA RAO, AGED ABOUT 35 YEARS, OCC DOCTOR, R/O 819, MAIN ROAD, BELAGAM, YERRA KRISHNAMURTHY COLONY, PARVATHIPURAM, PARVATIPURAM MANYAM DISTRICT. BELONGING TO BC-D (KOPPULA VELAMA) COMMUNITY, FORMER STUDENT OF MD (GENERAL MEDICINE), NRI MEDICAL COLLEGE, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER / DIRECTOR, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH T.G PLAZA BUILDING, TADEPALLI, IN FRONT OF MANIPAL HOSPITAL, GUNTUR DISTRICT. 4. THE DIRECTOR, BACKWARD CLASS WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 2ND FLOOR, VISHAL RESIDENCY, VR SIDDHARTHA COLLEGE, TADIGADAPA, KANURU, VIJAYAWADA, KRISHNA DISTRICT. 5. THE DISTRICT SOCIAL WELFARE OFFICER, PARVATIPURAM, MANYAM DISTRICT, PARVATHIPURAM. 2 6. THE DISTRICT BC WELFARE OFFICER, PARVATIPURAM, MANYAM DISTRICT, PARVATIPURAM. 7. THE PRINCIPAL, NRI MEDICAL COLLEGE, CHINAKAKANI, MANGALAGIRI MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S): 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, (i) declaring the action of the Respondents in withholding and not releasing the Reimbursement of Tuition Fee (RTF) for the final year (2020-21) of the Petitioners M.D. (General Medicine) course under the Jagananna Vidya Deevena and Vasathi Deevena Schemes, by wrongly invoking the impugned G.O.Ms.No.77, Social Welfare (Education) Department, dated 25-12-2020, to her 2018-19 admission batch, as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India, and contrary to G.O.Ms.No.115, Social Welfare (Education) Department, dated 30-11-2019, and G.O.Ms.No.72, Health, Medical and Family Welfare (Cl) Department, dated 03-05-2017 and (v) consequently direct the Respondents to forthwith release the pending Reimbursement of Tuition Fee (RTF) and Mess Fee (MTF) in respect of the Petitioners Application ID 20201125186 for the academic year 2020-21 together with all consequential benefits, and to consider the representations of the petitioner dated 16-10- 2024 and (Vi) further to declare that the Petitioner, having been admitted under Convener Quota (Competent Authority) in the academic year 2018- 19, is entitled to full reimbursement till completion of her course. Counsel for the Petitioner: 1. AKKENA VENU GOPALA RAO Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 3 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “….(i) declaring the action of the respondents in withholding and not releasing the Reimbursement of Tuition Fee (RTF) for the final year (2020-21) of the Petitioners M.D. (General Medicine) course under the Jagananna Vidya Deevena and Vasathi Deevena Schemes, by wrongly invoking the impugned G.O.Ms.No.77, Social Welfare (Education) Department, dated 25-12-2020, to her 2018-19 admission batch, as illegal, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India, and contrary to G.O.Ms.No.115, Social Welfare (Education) Department, dated 30-11- 2019, and G.O.Ms.No.72, Health, Medical and Family Welfare (Cl) Department, dated 03-05-2017 and (ii) consequently, direct the Respondents to forthwith release the pending Reimbursement of Tuition Fee (RTF) and Mess Fee (MTF) in respect of the Petitioners Application ID No.20201125186 for the academic year 2020-21 together with all consequential benefits, and to consider the representation of the petitioner dated 16- 10- 2024 and (Vi) further to declare that the Petitioner, having been admitted under Convener Quota (Competent Authority) in the academic year 2018- 19, is entitled to full reimbursement till completion of her course.” 2. Case of the petitioner is that she is qualified in the National Eligibility-cum-Entrance Test (NEET–PG) securing 645 marks out of 720 and secured an All India Rank of 5165, and was admitted for the Academic Year 2018–19 under the Convenor Quota (Category–A) to the Doctor of Medicine (MD) (General Medicine) course at NRI Medical College, Guntur. The tuition fee for PG 4 medical courses, including MD (General Medicine), was fixed under G.O.Ms.No.72, Health, Medical & Family Welfare (C1) Department, dated 03.05.2017, which governs unaided non- minority medical institutions. The said G.O., issued in compliance with the judgment of the Hon’ble Supreme Court in P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226, is binding on both the college and the students admitted under the Convenor Quota with respect to the notified fee structure. Accordingly, the petitioner paid the prescribed fee through a demand draft dated 20.04.2018. 3. It is stated that for 1st and 2nd years (2018–19 and 2019– 20), the petitioner was sanctioned and paid full Reimbursement of Tuition Fee (RTF) and Mess Fee (MTF) under the Jagananna Vidya Deevena and Vasathi Deevena Schemes, as per the Government policy applicable to BC category students admitted under Convenor Quota in private unaided medical colleges. The said benefit was granted pursuant to G.O.Ms.No.115, Social Welfare (Education) Department, dated 30.11.2019. However, for 3rd year (2020–21), though the petitioner was fully eligible, the reimbursement was neither sanctioned nor rejected. The petitioner made repeated representations seeking redressal on 5 22.04.2021 to the District Social Welfare Officer, Guntur; on 05.08.2022 to the Commissioner, Social Welfare Department; and on 19.01.2023 to the Principal Secretary, Social Welfare Department, Secretariat, Velagapudi, but no action was taken and no response was received. The Government issued the impugned G.O.Ms.No.77, Social Welfare (Education) Department, dated 25.12.2020, whereby the benefit of RTF/MTF was restricted only to students admitted from the Academic Year 2020–21 onwards in private aided institutions. The petitioner, having been admitted in the Academic Year 2018–19, stands outside the scope of the said restriction, and therefore the G.O. has no application to her case. 4. Leaned counsel for the petitioner submits that the petitioner has made representation dated 16.10.2025, but the respondents have failed to consider the same nor responded to the same. 5. In the aforesaid facts and circumstances, without going into the merits of the case, this Court is inclined to direct the respondent authorities to consider the representation submitted by the petitioner on 16.10.2025 and pass appropriate orders in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. 6 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:25.11.2025 ARB 7 222 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.30072 of 2025 Date:25.11.2025 ARB