P.Sunetri, v. The State Of Andhra Pradesh, Rep., By Its Principal Secretar

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.33493 OF 2016 ORDER (Per the Hon'ble the Acting Chief Justice Sri Ramesh Ranganathan) Heard Smt. G. Jhansi, learned counsel for the petitioner and Sri P. Srinivas, learned Standing Counsel for the second respondent and, with their consent, the writ petition is disposed of at the stage of admission.

The petitioner was admitted in a "B" Category seat with the fourth respondent - college located in the State of Andhra Pradesh. On the ground that she secured admission in the fifth respondent - institution, situated within the State of Telangana, she approached the fourth respondent which is said to have granted her a No Objection Certificate. Smt. G. Jhansi, learned counsel for the petitioner, would draw our attention to the endorsement by the Principal of the fourth respondent - college dated 26.09.2016 informing the Convenor that the petitioner had sought withdrawal of her admission in the fourth respondent - college for the first year 2016-17 session; and she understood that her fee would be forfeited and she will not be eligible to seek admission for three years under the Andhra Pradesh Private Medical and Dental Colleges Management's Association Admission Process. Recording the undertaking of the petitioner, the fourth respondent - college forwarded her request to the second respondent.

The Revised Regulations issued by the Andhra Pradesh Private Medical and Dental Colleges Management's Association permits a candidate to withdraw from the course after her admission, provided he/she obtains a No Objection Certificate from the Principal of the College concerned, and has submitted the same to the Convenor of the "B" Category Admission Committee for cancellation of the seat. Approval of the Convenor of the "B" Category Admission Committee is mandatory for a student, who has secured admission, to withdraw from the course.

As the petitioner has chosen to forfeit the fee paid by her to the fourth respondent - college, and has consented to her being rendered ineligible for admission in any college which is a member of the second respondent, for the next three years, the fourth respondent appears to have given its consent. As the Regulations only require a No Objection Certificate from the Principal of the College concerned, and such a No Objection Certificate appears to have been issued by the Principal of the fourth respondent - college, the second respondent is not justified in refusing to grant permission to the petitioner to withdraw the seat or to return her certificates.

The second respondent is, therefore, directed forthwith to accord approval for withdrawal of the petitioner from the course to which she was admitted in the fourth respondent college, and to return her SSC and Intermediate Certificates.

The Writ Petition stands disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

_________________________________ RAMESH RANGANATHAN, ACJ ______________________________ U.DURGA PRASAD RAO, J Date: 28.09.2016 Note: Issue CC by tomorrow B/o va