WP/23426/2026 of Done Shabari Priya Vs Kaloji Narayana Rao University of Health Sciences on 22 September 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI WRIT PETITION NO: 23426 OF 2026 Between: Done Shabari Priya, D/o: Done Sadarland, Aged 18 years, Occ: Student R/o H No 10-45 BoathBuzurg village Adilirbad District - 504304 ..,PETITIONER AND '1 . Kaloji Narayana Rao University of Health Sciences, Rep by its Registrar Warangal Telangana State

2. Guru Nanak Homoeopathic Medical College and Hospital, Rep by its Principal lbrahimpatnam RR District Hyderabad 501506

3. The State of Telangana, Represented by its Principal Secretary Medical Health and Family Welfare Department Secretariat Hyderabad

4. Ayush Admissions Central Counseling Committee (AACCC),, Ministry of Ayush, Government of lndia, Rep. by its Director. Respondent no. 4 is impleaded as per C.O.dt.27 .07.2026 in lA No.?2026 ...RESPONDENTS Petition under Article 226 of the Constitution of India 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 and Declaration thereby Declare the issuance of impugned letter bearing Lr No. 8820/KNRUHS/BHMS Admissions/2025-2026 dated 23-01-2026 by the Respondent No 1 thereby cancelling the admission of the Petitioner in Respondent No 2

tFF _t1El!|i!,=? !!E-'_r =- college as illegal arbitrary violative of Article 14 of the Constit,-rtron of lndia breach of doctrine of Legitimate Expectation and contrary to its own allotrnent letter dated 27-10- 2025 and Consequently set-aside the impugned Lr No 8820/KNRUHS/BHMS Admissions/2025-2026 dated 23-01-2026 OR alternatively direct the Respondent No 2 to refund the total tuition fees of Rs 3320001 (Rupees Three Lakhs and Thirty two thousand only) along with direction to the Respondent No I to pay compensation of Rs 5000000/- (Rupees Fifty lakhs only) to the Petitioner as per the principles laid down by the Honble Supreme Court in Manoj Kumar v Union of tndia (2024) 3 SCC 563. l.A. NO: 1OF 2026 Petition under Section 151 cPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be p,1g25s6 to suspend the impugned letter bearing Lr No 8820/KNRUHS/BHMS Admissions/2025-2026 dated 23- 01-2026 by the Respondent No 1 by reallotting seat to the petitioner in Respondent No 2 college pending the disposal of the present Writ petition. Counsel for the Petitioner: SRt BAGLEKAR AKASH KUMAR Counsel for the Respondent No.1: SRI T. SHARATH , SC FOR KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES Counsel for the Respondent No.2: SRI T.V.V CHAKRAPANT Counsel for the Respondent No.3: AGP FOR MEDICAL HEALTH AND FAMILy WE4LFARE DEPARTMENT Counsel for the Respondent No.4: MS. UDAYA SREE SADASIVUNI, REPRESENTING THE OFFICE OF THE DEPUW SOLICITOR GENERAL OF INDIA The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI WRIT PETITION No.23426 ot 2026 (C N R N o. H BH C01 0400642026) DATED: 22ND SEPTEMBER.2026 BETWEEN: Done Shabari Priya ...petitioner AND Kaloji Narayana Rao University of Hearth Sciences and three others .RDER: 'ResPondents This Writ Petition is filed by the petitioner seeking the following relief "fo issue an appropriate writ ord6r or direction more pafticularly one in the nature of Writ of Mandamus and Declaration thereby Declare the issuance of impugned letter bearing Lr No BB2l/KNRUHS/BHMS Admissions/20252026 dated 23.01 .2026 by the Respondent No 1 thereby cancelling the admission of the Petitioner in Respondent No 2 coltege as illegal arbitrary violative of Articte 1 4 of the Constitution of lndia breach of doctrine of Legitimate Expectation and contrary to its own allotment letter dated 27lO2O2S and Consequently set aside the impugned Lr.No. 8820/KN RU H S/B H M S Ad mission s/202 5-2026 dated 23.01 .2026 OR alternativety direct the Respondent No 2 to refund the totat tuition fees of Rs 3,32,000/ Rupees Three Lakhs and Thirty two thousand only along with direction to the Respondent No 1 to pay compensation of Rs 50,00,000/ Rupees Fifty lakhs only to the Petitioner as per the principtes laid down by the Honble Supreme Court in Manoj Kumar v Union of lndia (2024) 3 SCC 563 andpass such other ordei'

02. Heard Sri Baglekar Akash Kumar, le,arned counsel for the petitioner; Sri T. Sharath, learned Standing (lounsel for Kaloji Narayana Rao University of Health Sciences for respondent No 1; Sri T V.V. Chakrapani, learned counsel for responclent No.2; and the learned Assistant Government Pleader for Meciical, Health and Family Welfare, for respondent No.3 and l\ls. Udaya Sree Sadasivuni, learned counsel representing the rfffice of Deputy Solicitor General of lndia for respondent No.4. Perused the record

03. The petitioner was allotted a seat in the respondent No.2-college under the Management Quota lursuant to the allotment letter dated 27.10.2025_issued by respondent No.1. lt is not in dispute that, pursuant to the said allotment, the petitioner paid a sum of Rs.3,32,000/- towards tuition fee and 'ivas permitted to pursue the course. Subsequently, respondent No.'1 vide the impugned proceedings dated 23.01.2026, cancellt.,d the admission of the petitioner on the ground that she had secured 128 marks in NEET instead of the required 144 marks.

04. Learned counsel for the petitioner, while fairly stating that the petitioner had secured 128 marks in NEEI, submitted that the petitioner was allotted the seat by the resporrdent No.1 itself vide allotment letter dated 27.10.2025 and, actin,3 upon the said allotment, she paid the entire tuition fee of Rs 3,32,000l Since the admission was subsequently cancelled by the respondent No 1' the petitioner cannot be made to suffer the financial consequence of the mistake, if any, committed by the respondents in granting the allotment and permitting her to Join the course He therefore sought adirectiontotheconcernedrespondentstorefundtheentiretuition fee paid by the Petitioner. 05 Learned Standing Counsel appearing for respondent No.1, learned counsel appearing for respondent No2 and the learnedAssistantGovernmentPleaderdonotdisputethatthe petitioner was initially allotted a seat in respondent No 2-college and that her admission was subsequently' cancelled by respondent No.1 on account of her NEET score. They have left the matter to the discretion of this Court for passing appropriate orders

06. Having regard to the aforesaid facts and circumstances' thisCourtisoftheViewthat,oncethepetitionerwasallottedthe seat by respondent No.1 itself and was permitted to secure admission in respondent No.2-college pursuant thereto and the petitioner paid a sum of Rs 3,32,000/- towards tuition fee' the petitioner ought not to be deprived of the amount paid by her when her admission was subsequently cancelled by the respondents The cancellationofadmission,irrespectiveofthejustificatronforsuch

--- .1 cancellation, cannot result in unjust enrichment of the institution by retaining the amount paid towards tuition fee for a seat which the petitioner was ultimately not permitted to continue. 07 ln that view of the matter, wrthou: expressing any oprnion on the valrdity or othenrvrse of the impugned proceedings dated 23.01.2026 insofar as the cancellation cf the petitioner,s admission is concerned, this Court deems it apprropriate to direct respondent No 2 to refund to the petitioner the entire tuition fee of Rs 3,32.000/- (Rupees Three Lakhs Thirty-Two Thousand only) paid by her pursuant to the allotmenUadmission, withi.r a period of six

(06) weeks from the date of receipt of a copy of thrs order. 08 Accordingly. this writ petition is disposr:d of There shall be no order as to costs. As a sequel, miscellaneous applications, if any, pending shall stand closed ^rr,.iiltl-'#'tiFiF € ,TTRUE COPY/I SECTION OFFICER oneFaircoeyt.#:",[?J,_Tf"Hl;.r-r,il'"5iy"f oo'sRrDEvr The Registrar Kaloii Narayana Rao University of Health Sciences' Warangal i"irngr";, st"t" ., -^^^narhic tvledical college and Hospital' ffilJ[li* -:';:,,tttil*"#:x"f'18[ Medca' y a

To,

3. The Principal Secretary The State of Telangana, Medical Health and Family Welfare Department Secretariat Hyderabad

4. The Director, Ayush Admissions Central Counseling Committee (AACCC),, Ministry of Ayush, Government of lndia.

5. 4 LR Copies

6. The Uniler Secretary, Union of lndia, Ministry of Law, Justice and Company Affairs, New Delhi.

7. The Secretary, Telangana Advocates Association, Library, High Court Buildings, Hyderabad.

8. One CC to Sri Baglekar Akash Kumar, Advocate [OPUC]

9. One CC to Sri T. Sharath, SC for Kaloji Narayana Rao University of Health Sciences [OPUC]

10. One CC to Sri T.V.V. Chakrapani, Advocate[OPUC] 1'l . Two CC's to GP for Medical Health Family Welfare Department, High Court for the State of Telangana, at Hyderabad[OPUC] '12. One CC to Sri N. Bhujanga Rao, Deputy solicitor General of lndia[OPUC]

13. Two CD Copies TJ PSK

HIGH COURT DATED: 2210912026

ORDER

WP.No.23426 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. .<;; S'rATc. o a 1---- 'i-;,\- 2 A sEP202$ .,/

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