WP/23916/2026 of Miniskar Harshitha Vs The State of Telangana on 13 October 2026

13257 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI WRIT P TION NO: 23916OF 2026 Between: Miniskar Harshitha, D/o.Miniskar Nageshwara Rao, Aged about 30 years, Occ ; Medical Practitioner/student, Fl/o.H.No.49-405-31K, Ring Road Padma Nagar Phase-ll Chinthal, Quthbullapur, Hyderabad. .....PETITIONER AND 1 . The State of Telangana, Rep. by its Principal Secretary, Medical and Health Department Secretariat building, Hyderabad.

2. The Kaloji NarayanaRao Health Sciences University, Rep by its Registrar, Warangal, Warangal District.

3. The Controller of Examination, The Kaloji Narayana Rao Health Sciences University Warangal, Warangal District.

4. The Kakatiya Medical College, Hanumakonda, represented by its Principal.

5. The Gandhi Medical College, Secunderabad, rep. by its Principal. .....RESPONDENTS Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents Nos. 2 to 5 in withholding the original certificates such as Memorandum of Marks in MBBS, MBBS Degree Certificate, compulsory Rotatory lnturnship certificate, MBBS Permanent registration certificate, caste certificate, transfer certificate, Migration certificate, OBC ce(ificate, sSC date of birth certificate and ssc Memorandum of Marks, lntermediate Memorandum of Marks, Bonafide certificate, study certificate, conduct certificate, Original Medical registration certificate issued by the Telangana State Medical council, submitted by the petitioner at the time of Admission into Post Graduation Degree Course MD, Geriatrics in Sth respondent college and re-allotted into 4th respondent college in MD Biochemistry in the MOPUP phase of counseling and also to declare the letter No.3107/KNRUHS/Academic/AD-ll/2026 dated 17.04.2026 addressed to the Sth respondent college to collect Rs.50,00,000/- from the petitioner for return of original certificates of the petitioner, as illegal, arbitrary, contrary to the orders passed by the Honourable High court in W.P.No.21137 of 2019 dated 24.01 .2020, and in violation of Article 14 and 21 of the Constitution of lndia and consequently direct the respondents to issue afore said orrginal certificates to the petitioner forthwith. , i.A.NO:1 OF 2026 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavil filed in support of the petition, the High Court may be pleased to direct the respondents to issue the original certificates such as Memorandum of Marks in MBBS, MBBS Degree Certificate, Compulsory Rotatory lnturnship Certificate, MBBS Permanent registration certificate, caste certificate, transfer certificate, Migration certificate, OBC Certificate, SSC date of birth certificate and SSC Memorandum of Marks, lntermediate Memorandum of Marks, Bonafide certificate, study certificate, conduct certificate, Original Medical registration certificate issued by the Telangana State Medical council, submitted by the petitioner at the time of Admission into Post Graduation Degree Course MD, Geriatrics in 5th respondent college, to the petitioner by suspending the operation of the order No. 3107/KNRUHS/AcademiclA0-l'112026 daled 17.04.2026 issued by the 2nd respondent, pending disposal of the above writ petition. Counsel for the Petitioner : SRI A.PRABHAKAR RAO Counsel for the Respondent Nos.1, 4 & 5 : SRI R.NAGARJUN REDDY, AGP FOR MEDICAL HEALTH AND FAMILY WELFARE Counsel for the Respondent Nos.2 & 3 : SRI T.SHARAT, SC FOR KNRUHS The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE JUWADIS WRIT PETITION No.23916 of 2026 c.N. R.No.HBH c010492't62026 130cTOBER 2026 RIDEVI Between: Miniskar Harshitha AND . . Petitioner Respondents The State of Telangana and 4 others :ORDE R: This Writ Petition is filed seeking the following relief "lolssue an appropriate writ. order or direction m.ore _pafticularty one in lhe nat:ure of Witi'Oi MANDAMUS declaring action of n"- nii"ra""ri" Nos.2 to S in withhotdiig the originat ,u,tiiiiitl,"-"rii a^s Memorandum ot Mirks in riaas nB:;;'";"sr"; Ceftificate. Computsory Rotatory irrciiiii C e i if i c a t e. M B B S p e r m a'n e n t * g i " il;t i o n ;; ;: ;; ;;;; : "u"1."-. certificate, transfer ciftificate, MiSr;t;; ceftificate oBC ceftifrcate, ssc oit" ii "iiii ceftificate and SSC Memorandum of Uil*" lnte.rmediate Memorandum of ia,rf","' B;;Z:;;; ceftificate. study cerlifrcatu "onJrit' r;;;;,;';i;, Original Medrcal registration cenhcate issued bv the Tetangana State tiecticat "o"r"l' "'itiitiJi tl',liZ p^etitioner at the time of Air;;;o';"'ii,"", i"il, Graduation Degree Course UO, Aeriatrics ii -ii respondent coltege and re_altotted irto +;'r"ipinalnt college in MD Biochemtstry in me uopui"iia'JJ'o'r ?guy2etlnO and atso to dectare the tetter r.ug:1.0-715NRUHS/Academic/AD_l/2026 ;r;;;; 17.04 2026 addressed to the 5,. ,"iiirO"* "itbZZ to.cotlect Rs.s0.O0 OOO/_ hom th" ;;;ti"';;;';"; ;i;; Z:^?:::o ^::l:!:?'?: Y,' the petftioner "" iriil,,t' dt.utuaty. contrary to the orders passed bv ihe Honbte Hish courl in wpNoz,isi iii,ri\*l.Z 2,4.01 2020. and in violation of Articb ti)rAZ'"it the Constitution of tndia and consequenuy direct the lunrc.luwadr Sr oe\ \rp 23916 i026 respondenfs to issue aforesaid original ceftificates to the petitioner forthwith and pass .

Heard Mr' A Prabhakar Rao' learned Senior Counsel for the petitioner, tt/lr. R.Nagarjun Reddy' learned Assistant Government Pleader for l\/edical, Health and Family Welfare Department appearing for respondent Nos l' 4 and 5 and tt/lr' T Sharat' learned Standing Counsel for KNRUHS' appearing for respondent Nos 2 and 3. Perused the record'

The case of the petitioner is that' pursuant to her NEET-PG 2025 'ank,she was allotted a seat in tr/l D Geriatrics in respondent No.5-college for the academic year 2025-26 during the first phase of counseling vide allotment letter dated 14 122025' She ioined the course, paid the requisite college and university fees and submitted all her original certificates to respondent No 5 During the subsequent phases of counselling including the tvlOP-UP phase' she 'was allotted a seat in M D Biochemistry in respondent No 4- college vlde allotment letter dated 16 022026 As such' respondent No.5issuedacustodian/relievingcertificate,daledlT'02.2026. Further case of the petitioner is that owing to health and personal reasons, she did not join the said course Thereafter' she submitted representations, dated 24022026 to respondent Nos2 and 5' requesting to waive off the penalty and return her original

lusticeluwad S. devi wp 23975 2A26 certificates. Vide letter, dated 17.04.2026, respondent No.2_ University directed respondent No.S_college not to return her original certificates, unress penarty amount of Rs.50,00,000/_, in terms of G.O lvls.No.107, dated 2Z.Og.2OZ2 is paid. Hence, the present writ petition

4. Learned Senior Counsel for the petitioner submits that the respondents have no authority to withhord the originar ce(ificates of the petitioner towards recovery of the penarty. He submits that the seats allotted to the petitioner were subsequenfly allotted to other meritorious candidates and therefore did not go waste. He further submits that imposing such a huge penalty, particularly when the petitioner did not join the allotted course, is illegal and arbitrary. He further submits that the petitioner has appeared for NEET_pG 2026 and requires her originar certificates to comprete the admission formalities. He further submits that the petitioner is required to submit her original certificates on or before 03.11.2026 and that any further delay in release of the petitioner,s original certificates would irreparably prejudice her academic career. Therefore, he prayed this Court to declare the letter, dated 12.04.2026, imposing a penalty of Rs.50,00,000/- on the petitioner as illegal and arbitrary and direct l!stic: luvvad sr dev !p 239i6 2016 responclent No 5 to forthwith return the petitioner's original certificates On the other hand, learned Assistant Government Pleader for tr/edical Health and Family welfare Department appearing for respondent Nos 1, 4 and 5 and learned Standing Counsel for KNRUHS appearing for respondent Nos 2 and 3 opposed for the same

lt is not in dispute that the petitioner submitted her original certificates to respondent No 5 at the time of admission to the IM D Geriatrics course and the said certificates are presently in the custody of respondent No 5 The original certificates' beinq the petitioner's personal and academic documents' cannot be withheld merely on the ground of any outstanding liability Even if the petitioner has violated any undertaking or rule or instructions' etc ' the proper remedy, if any, available to the respondents is to pursue appropriate proceedings, for recovery of the amounts due in accordance with Iaw However' retention of the petitioner's original certificatesaSsecurityforrecoveryofsuchamountsis impermissible Therefore' this Court ls of the considered ooinion that the petitioner is entitled to the immediate return of her original cert ficates

lustrce luwadrSndevr wp-23916,2026

7. For the foregoing discussion and considering that the petitioner is required to submit her original certificates on or before $11.2026 in the NEET-PG 2026 counselling process' this Writ Petition is disposed of, directing respondent No 5 to return the original certificates ie , Memorandum of Marks in MBBS' MBBS Degree Certificate, Compulsory Rotatory lnternship Certificate' MBBS Permanent registration certificate' caste certiflcate' transfer certificate, Migration certiflcate' OBC Certificate' SSC date of birth certificate and SSC Memorandum of tVlarks' lntermediate Memorandum of Marks' Bonaflde certificate, study certificate' conduct certificate, Original Medical registration certificate issued by the Telangana State Medical council' to the petitioner by 17.10.2026.lt is made clear that respondent Nos2 and 5 are at liberty to initiate appropriate proceedings' in accordance with law' for recovery of amounts' if any' due from the petitioner' No costs' Pending miscellaneous applications' if any' shall stand State of Telangana at HYderabad. ine-Cegistai fatoii ttlarayanaRao Health Sciences University' Warangal' closed SD/. K.V.O. NARSI BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER ThePrincipalsecretary,MedicalandHealthDepartmentSecretariatbuilding'

To

Warangal District

3. The Controller of Examination, The Kaloji Narayana Rao Health Sciences University Warangal, Warangal District.

4. The Principal, Kakatiya Medical College,, Hanumakonda.

5. The Principal, Gandhi Medical College, Secunderabad. 6 Two CCs to GP FOR MEDICAL HEALTH AND FAIUILY WELFARE, High Court for the State of Telangana at Hyderabad. [OUT] T One CC to SRI A.PRABHAKAR RAO, Advocate IOPUCI S One CC to SRI T.SHARAT, SC FOR KNRUHS (OPUC)

9. Two CD Copies SA

C.C.TODAY HlGH COURT DATED: 1311012026

ORDER

WP.No.23916 of 2026 DISPOSING OF THE W.P WITHOUT COSTS.

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