JUDGMENT

M.S.Ramachandra Rao, J. - The petitioner had got admission in Mamata Medical College, Khammam (3rd respondent) in Telangana State under the 'C' Category (Management Quota) into the I Year M.B.B.S. Course for the Academic Year 2019-20.

2. The petitioner alleges that at the time of admission, she submitted her academic qualification original certificates to the 3rd respondent-College; that she later attended for certificate verification and counseling conducted by Dr. N.T.R. University of Health Sciences, Vijayawada in the State of Andhra Pradesh for seats reserved for non-locals; that she approached the High Court of A.P. to give a direction to consider her candidature against left-over vacancies; accordingly she got admission into a Government Medical College under the Convenor Quota under 'Open Category' in the final phase of counseling on 30.08.2019; that her father informed the 3rd respondent-College on 30.08.2019 about the said allotment and gave a representation to give back her original certificates along with the fee paid by her, but the 3rd respondent is dodging the issue and passing on the burden to the K.N.R. University of Health Sciences, Warangal (2nd respondent).

3. It is alleged that the said University issued notification dt.20.08.2019 for course exit on payment of Rs. 3 lakhs; it also issued another notification on 29.08.2019 for filling up stray vacancies under Management Quota (left-over) seats by the private college managements itself by way of spot admissions till 31.08.2019; that the 3rd respondent ought to have availed that opportunity and filled up the vacancy caused by the exit of the petitioner from the 3rd respondentCollege by filling it with another candidate; but they did not do so and orally informed that the petitioner should pay the entire course fee and then only they will return original academic certificates of her educational qualifications.

4. The petitioner contends that the action of the 3rd respondent College in not returning the original academic certificates submitted by the petitioner at the time of admission into the M.B.B.S. Course in the 3rd respondent-College even after informing about the allotment of seat under the Convenor Quota before the cut-off date is illegal, arbitrary and unconstitutional and seeks a direction to the 3rd respondent to refund the amounts given by the petitioner to the 3rd respondent in the form of capitation fee and tuition fee apart from return of her original academic certificates.

5. Though the Medical Council of India (4th respondent) engaged a counsel Ms.Pujitha, and the K.N.R. University of Health Sciences (2nd respondent) engaged Sri A. Prabhakar Rao, Standing Counsel, the said respondents did not file any counter-affidavit.

6. The Standing Counsel for 2nd respondent stated that the original academic qualification certificates of the students are only taken by the University at the time of grant of admission for verification purposes and they would be handed over to the respective colleges where the students are admitted after such verification. He stated that to the petitioner, on 03.07.2019, a receipt was issued by the University regarding the original academic qualification certificates of the petitioner taken from her at the time of grant of admission to her, but they were later given to the 3rd respondent-College where the petitioner initially took admission. He could not state why the original academic qualification certificates, after verification, were not returned to the petitioner and why they were given to the 3rd respondent-College and under what provision of law.

7. The 3rd respondent-College filed a counter-affidavit opposing the Writ Petition.

8. The 3rd respondent admitted that the petitioner was granted admission but stated that the original academic qualification certificates were deposited with it as per Rules prescribed by the 2nd respondent-University; but pleaded that it is not aware that the petitioner obtained a seat i