ORDER :

Nyapathy Vijay, J.

1. The present Writ Petition is filed questioning the action of Respondent No.2 in not returning the original certificates of the Petitioner on the ground of non-payment of higher fee and to declare the same as illegal and arbitrary.

2. The facts in brief are as follows;

The Petitioner after completing M.B.B.S., Degree had appeared for NEET Post Graduation examination. Thereafter, the Petitioner was allotted in Respondent No.2-College in M.S., (Obstetrics & Gynecology) Course under Category-C NRI (S2) in Phase 1 (Management Quota).

3. As per the understanding of the Petitioner, the fee structure was @ Rs.10,00,000/- per each year for three years. It is stated that the Petitioner had passed out the examinations conducted in the year 2024. However, Respondent No.2-College was demanding to pay balance fee of Rs.25,00,000/- per year and the Petitioner was called upon to pay Rs.45,00,000/- i.e., balance fee @ Rs.15,00,000/- per year for three (03) years. On account of non-payment of the due amount, the original certificates of the Petitioner i.e., i) Degree Certificate, ii) Study, Conduct and Character Certificates i.e., last studied institution, iii) SSC Certificate, iv) BIEPC/MM, v) MBBS TC were being withheld by Respondent No.2-College. Hence, the Writ Petition is filed.

4. In the Counter-Affidavit filed by Respondent No.2, it is stated that the Petitioner had secured All India NEET rank of 16978 and was provisionally allotted a seat in Respondent No.2-College in M.S., (Obstetrics & Gynecology) Course under Category-C NRI (S2) in Phase 1 (Management Quota) counselling conducted by Respondent No.1-University. It is stated that the fee structure as per G.O.Ms.No.56, Health, Medical and Family Welfare (C1) Department, dated 29.05.2020 for P.G., Medical Courses for all the specialties for the block period 2020-21 to 2022-23 was @ Rs.50,00,000/- per year for the quota under which the Petitioner was admitted.

5. It is further stated that Respondent No.2-institution was informed by the Andhra Pradesh Private Medical and Dental Colleges Management Association (APPMCDCMA) to consider the seat allotted to Petitioner as one under the “Chief Minister’s quota”, as the association was informed by the office of the Chief Minister. It is further stated that the customary practice when a seat is allotted under Chief Minister’s quota is that 50% of the fee payable by the student will be borne by the APPMCDCMA and the 50% of the fee has to be paid by the student.

6. Accordingly, the fee payable by the Petitioner was only Rs.25,00,000/- per year instead of Rs.50,00,000/-. It is stated that the Petitioner made payment @ Rs.10,00,000/- for each academic year instead of Rs.25,00,000/- and therefore there is a balance of Rs.45,00,000/- payable by the Petitioner. It is also stated that circulars were issued by Respondent No.2-College management from time to time reminding the students for payment of pending fee and these circulars were circulated in the students’ Whatsapp group.

7. It is also stated that Respondent No.2-institution primarily depends on the timely payment of fee from all categories of students, including those admitted under the Management/NRI quota to meet its operational and statutory commitments. The fee structure prescribed from Management/NRI quota students forms a significant portion of the institution’s revenue, which is essential for payment of staff salaries, maintenance of infrastructure, procurement of laboratory and academic materials and adherence to regulatory standards. Any default or delay in payment of such fee directly disrupts the financial equilibrium of the institution and gravely affects the smooth functioning of the management.

8. The learned counsel for the Petitioner relied upon the Judgment of the Division Bench of High Court for the State of Telangana in W.P.No.21137 of 2019, dated 24.01.2020 and the Judgment of Madras High Court in S. Muthukamatchi v. The Director of Technical Education, Anna