Andhra Pradesh High Court - Amravati
Student vs State Of Karnataka & Ors." on 10 April, 2026
£350 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX" PRESENT: THE HONQURABLE SRI JUSTICE MAHESWARA RAG KUNCHEAM iA No. 1 OF 2038 WP NO: 9669 OF go98 0-7 Retween: Sohing Ghosh, Dio Arup Prasad Ghosh. ¢ jed about 23 years, Oce WA Student, Rio H.NoiSi/id, Rahute Road, ochool Para, _Bhatpara, Shyamnagar, Norih-24, Parganas, Wast Bengal, Indie 748127 Petitioner AND 1. The State of Andhra Pradesh, Rep by Ns Principal Secretary fo Government, Medical and Health Family Welfare Department, secretariat, Velagapudi, Amaravati, Guntur Distriet S82239 Viiayawada, Andhra Pradesh SVIMS Sri Padmavathi Medical College for Wornen Sri Venkaleshwara tat od instinte of Medical Sciences. &, Tirupati "TY S07, Andhra Pradesh, Rep by His Principal. Respondents Counsel for the Petitioner: Sri. ABDUL KABEER on Gounsel for the Respondent No.1: GP FOR MEDICAL, HEALTH & Fw Counsel for the Respondent No.2: Smt, TV. SRIDEV] Gaunsel for the Respondent No.3: Sri. NV.S.VW. PRASAD VARMA Fattion under Secfion 157 CPC. is fied praying that in the .. rg Ae RENE gh PA OAS ESSN © oh » Rdios} crcumsiances stated in the affidavit Med in Suppo ay the penton. He High am! allow the Petitioner fo appsar and write the -Sinal Theory Examinations Starting fram 75.04 2026 without insisting for pay MEN of penaly amount for the academic 4th year, pending Writ Petition: Ymofice io the Respondents herein fo oo rhe court while directing issue eiap one Sy " shige Sim sede ondine ead er $ rr sk heavy Cause as io why Mis application should not be camplied with, made the Sadi . 2 nowt oy ON act ba 3 ows Sone fe we falowing order.(The receipt of this arder will be deemed to be the receipt of pet notice in the case} The Court made the following ORDER: oy Heard learned counsal for the gotitioner, learned? Assistunt Governmant Bleader for Mecical & Health, Smt. TY. Sridevi, learned Standing Counsel for respondent No.g and Sri G. Venkateswarulu, learned counsel representing Sri NUS.V. Prasad Varma, fearned Standing Counsel for respondent Nod- ssvims. ~ it is the submission of the learned counsel for the petitioner that the petitioner is pursuing the fourth year MBBS Course in the J" respondent College. Learned counsel submits that consequent to the circular dated 28.14 2085 issued by the 3 ms respondent College far payment of Rs. 1? 7 8ad/. and penalty of Rs.2,500/- per day along with other students on ar before TQ.01 2028., the patoner paid an amount of Ret? 07 800). on 28.02 2036 and RS.8 00 O an 27 10.86 3. Learned counsel states that though the petitioner paid the requisite amount, the 3° respondent Coll ege is not providing Nall Ticket to appear for the exams commencing from {10.04.2028 on the ground of non payment of penalty amount of Re.2,500/. per day. Ne submits that Nf the petitioner is not alowed fo write examinations, she would be deprived af valuable riahts under R the Conetitition of india and accordingly, learned counsel seeks appropriate directions from this Court. 7 a. Learned counsel appearing for the 2° reanondent seeks Hime to get instructions in the lis. §. This Court has perused the material available on record. & Evidently, the petitioner has paid foal amount of Re 28,07, 800). by way of two instalments fowards annual fee in favour of the 3° respondent Callege. we *. in the case of Mohin' Jain Vs. State of Karnataka & Ors.", the Hon'ble Supreme Court held that the right to education is an Integral part of the right fo ifs under Article 21 of the Constitution, and that the imposition of capitation fee or any arbitrary nancial barder, which restricts acceas to education is vindative of Articie 14 of the Conatitutian of india, 7 8. Considering the submissions made and keeping in view the students' inferest as well as the law laid dawn by the Apex Court, thers shall be direction to the respondent Nos.1 & 3 to issue hall ticket forthwith so as to enable the petitianer fo appear and write Pre-Final Theary examination commencing from 18.04.2028, without insisting on the payment of the penahy amount. TRUE COPY! Te, 1. The Principal Secretary to Government, Medical and Health Family Welfare Department, The State of Andhra Pradesh, Seorstariat, Yelagapudi, Amaravati, Guntur District 522239. (by SPECIAL 2. The Registrar, Dr, NUTR University of Health Sciences, Vilayawada, § i3 Nad wet PAS N oy $ $ %. : Ad ae: A es Sy j MOS ¢. : Sex Fe yEr as Ny x AG ' Bo ast tt wit XN . $ OvEIM Bs voeed ood ry Cty ca 2 A 2 % One CC to Sr TOV, ai vocate FORUCT SX "lt SMA, Ar x é Va a ea mm * 3 wN 8. One spare copy Jas HIGH COURT J : fQHOA 2028 « > DATED POST AFTER FOUR WEEKS. ORDER
WP No 9869 of 2996 pt tiy ket OPRECTION