APHC010071832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4016/2026 Between: 1. PALAGIRI SWAPNA SREE, D/O. P. VENKATA RAMANA REDDY, AGED ABOUT 23 YEARS, R/O. 13-2-78-1, REVENUE COLONY VTC, ANANTAPUR TOWN AND DISTRICT, PIN 515001. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI-522503 2. DR NTR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, KRISHNA DISTRICT-520008 REP BY REGISTRAR. 3. ALLURI SITARAMA RAJU ACADEMY OF MEDICAL SCIENCES, MALKAPURAM, ELURU - 534005, WEST GODAVARI DISTRICT., REPRESENTED BY ITS PRINCIPAL. ...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 topleased to issue writ, order and/or directions more particularly one in the nature of Writ of mandamus thereby a) Direct the 3rd respondent Alluri Sitarama Raju Academy of Medical Sciences, Malkapuram, Eluru - 534005 to permit the petitioner to sit for the Regular Final Professional MBBS Part-ll (4th year) Theory and Practical classes for the academic year 2025- 2 26 b)Direct the 3rd respondent Alluri Sitarama Raju Academy of Medical Sciences, Malkapuram, Eluru - 534005 to permit the petitioner to sit for the Regular Final Professional MBBS Part-ll (4th Year) Theory and Practical Examinations, for the academic year 2025-26 on the date as may be notified by the respondent authorities, announce the results of Final Professional MBBS Part-I and Part-ll., and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rd respondent Alluri Sitarama Raju Academy of Medical Sciences, Malkapuram, Eluru - 534005 to permit the petitioner to sit for the Regular Final Professional MBBS Part-ll (4th Year) Theory & Practical Classes, for the academic year 2025-26., and pass Counsel for the Petitioner: 1. G VENKATA REDDY Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:4016 OF 2026 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: < to issue writ order and/or directions more particularly one in the nature of Writ of mandamus thereby a) Direct the 3rd respondent Alluri Sitarama Raju Academy of Medical Sciences, Malkapuram, Eluru-534005 to permit the petitioner to sit for the Regular Final Professional MBBS Part-ll (4th year) Theory and Practical classes for the academic year 2025-26 b) Direct the 3rd respondent-Alluri Sitarama Raju Academy of Medical Sciences, Malkapuram, Eluru-534005 to permit the petitioner to sit for the Regular Final Professional MBBS Part-ll 4th Year Theory and Practical Examinations, for the academic year 2025-26 on the date as may be notified by the respondent authorities, announce the results of Final Professional MBBS Part-I and Part-ll and pass such other order or orders….= 2. Heard learned counsel for the petitioner, learned Government Pleader for Medical and Health for respondent No.1, learned Standing Counsel for respondent No.2 and learned counsel for respondent No.3. 3. The case of the petitioner is that the petitioner herein is pursuing 4th year MBBS course at the respondent No.3 institution having admitted through the NEET examination. The petitioner herein has successfully completed 1st, 2nd and 3rd years MBBS course for the academic years 2022-23, 2023-24 and 2024-25. While so, financial constraints were happened due to an untoward 4 incident/ accident occurred to all the members of the family, including her father who was bed ridden till date. By which, she is unable to address the tuition fee as well as other fees to be payable to the respondent No.3 institution for the academic years 2023-24, 2024-25 and 2025-26. However, considering the pathetic situation and due to an untoward incident, with the kindness of the respondent No.3 administration the petitioner to write the examinations and complete course in respect of 2nd and 3rd years. Even though the petitioner tried to discharge her liability towards tuition fee and other fees to the respondent No.3 institution, but she did not make good for the reasons that she is unable to dispose of her family landed properties which are not in her control. The further case of the petitioner is that due to accumulation of the fees to be payable by the petitioner, the respondent No. 3 institution is not allowing the petitioner to pursue her course of 4th year MBBS. Hence, the writ petition. 4. Learned counsel for the petitioner submits that even though the petitioner may not enforce the writ of mandamus against respondent No.3 in the lieu of default on her part, but made venture before this Court for consideration of the pathetic situation of the petitioner and sought for a direction to the respondent No.3, by considering the affidavit filed by the petitioner, under which she is undertaking to make good the liability in the form of tuition fee to be paid as per the schedule mentioned at the affidavit. He further submits that the petitioner is making efforts to take steps to comply with the schedule of payment as undertaken by way of the affidavit filed 5 herewith without fail and to allow the petitioner to pursue her course on par with others without any obstructions. 5. On the other hand, learned counsel for the respondent No.3 having gone through the affidavit filed by the petitioner submitted that the said affidavit was placed before the administration of respondent No.3 and the respondent No.3 has agreed to the terms of the undertaking given by the petitioner and to allow the petitioner to all the classes and exams to be conducted by the college in respect of 4th year MBBS Course, if the petitioner oblige the schedule as undertaken by her by way of affidavit. 6. Learned Standing Counsel for the respondent No.2 submits that the subject issue/ dispute is involved between the petitioner and the respondent No.3 only and university/ respondent No.2 is no way concerned with the issue and the university cannot direct the respondent No.3 that the petitioner should be allowed to pursue the course with the respondent No.3 college even without paying fees is contrary to the Andhra Pradesh Admission and Fee Regulatory Rules, 2006. 7. Heard the submissions made by all the learned counsel and perused the material placed on record. Having considered the submissions of the learned counsels and the pathetic situation of the petitioner, this Court has ventured to pass an order as under: “In view of the undertaking dated 02.03.2026 filed by the learned counsel for the petitioner by way of sworn affidavit and due 6 to the agreement expressed to the terms of the affidavit by the learned counsel for the respondent No.3, this Court is inclined to instruct/ direct the respondent No.3 to allow the petitioner to pursue her Regular Final Professional MBBS (4th year) course (Theory and Practical) and to allow the petitioner for the examinations as required on par with the other students who are pursuing 4th year MBBS course. If the petitioner fails to comply the schedule as undertaken, the respondent No.3 is at liberty to proceed further, in accordance with law.= 8. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 03.03.2026 BSP 7 08 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4016 of 2026 03.03.2026 BSP