WP/25223/2026 of Parents Association of Medical Students Vs The State of Telangana on 4 August 2026

:ORDER:

This Writ Petition is filed seeking the following relief "lo issue Writ or more panicularly one in the nature of Wril of Mandantus declaring inaction of the /o and ld Respondent not regulating the 4th Respondent Medrcal Colleges, which are exorbitantly collecting excess fee againsl to ld Respondent's Letter Rc.No. fAFRC/Medical/2022 dated 16.1 1 2022, T"rRespontlenls G.O.Ms.No 5 dated 27.01.2022 and ld Respondent's Memos/Letters dated 02 04.2026, 21.04.2026 and 06.06.2026 lssued fo the member colleges of the 4th Respondent-Ass ociation, clarifying that the tuition fee for the MBBS course be collected for a total period of 4% years course, in five (5) equal installments, and consequently declare lhe excess collection of % year fee is against to the Dvision Bench orders in W.P No.23908/2018 of this Hon'ble High Courl ancl consequently direct the 1"t to gd Respondent to take action under the A.P. Educational lnstitutions (Regulation of Admission and Prohibition of Capitalion Fee) Act 7 983 as collection of capitation fee and pass . ."

2. Heard Mr. Ramesh Babu Vishwanathula, learned counsel for the petitioners, learned Assrstant Government Pleader for Medical lustrce iuvvad Sr dev wp-25223-2026 and Health Department appearing for respondent No.1, t\4r.T.Sharat, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences appearing for respondent No.2, Mr.G.Chandra Shekar Reddy, learned Standing Counsel for TAFRC appearing for respondent No.3 and [vr.srinivasa Rao pachwa, learned counsel for respondent No.4 Perused the record.

3. The main grievance of the petitioners is that respondent No.4_ private medrcal colleges are collecting excess tuition fee for flve years, though the duration of the IVBBS course is only 4/zyears.

Learned counsel for the petitioners submits that several representations have been submitted to respondent No.3-TAFRC alleging that respondent No.4-private medical colleges are collecting tuition fee contrary to the orders, directions and clarifications issued by the competent authorities from time to time, but no actron has been taken thereon till date. He further submits that the issue relating to collection of tuition fee for the IVIBBS course had earlier come up for consideration before this Court in W.P.No.23g08 of 2018 and the Hon ble Division Bench of this Court, by order, dated oB 01 .2020 directed respondent No.5 therein_prrVate mediCal colleges to collect turtton fee only for a period of four years in terms of G.O.Ms No 120 Heath, Medical and Family Welfare (C1)

lust,.e luwadr Sadevr wp _2522) _2026 Department, daled 20.07.2017 and that for the remaining six months, respondent No.5 therein-private medical colleges are entitled to collect only fifty percent of the amounts specified in the said G O. Placing reliance on the order, dated 08.01.2020 passed by the Hon'ble Division Bench of this Court in W.P.No.23908 of 2018, learned counsel further submits that respondent No.4-private medical colleges are not justified in collecting tuition fee for five years when the duration of MBBS course is only 4/, years and hence prayed to allow the writ petition.

5. On the other hand, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences, learned Standing Counsel for TAFRC and learned counsel for respondent No4, in one voice, submit that the fee structure prescribed under G.O.t\tls.No.S, dated 27.01 .2022 contemplates payment of the total tuition fee in five equal installments and does not envisage collectlon of annuar tuition fee for five academic years. lt is their specific contention that respondent No.4_pr:ivate medical colleges are collecting only the fee notified under the said G.O. and that no excess fee is being collected. lt is also contended that petitioner No.1 is not an aggrieved person and has no locus stanclii to flle the present writ petition.

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Learned Standing Counsel for TAFRC further submits that the clarification contained in the letter, dated .16.1 1.2022 isno longer in force and the TAFRC has subsequenfly issued a press release, dated 26 06.2 024 clarifying that the tuition fee prescribed for the 4% years MBBS course is payable in five equal installments and the said clarificatron governs the fee collection

7. Learned counsel for respondent No.4 further submits that the order, dated OB01 2O2O passect in W p No.23908 of 20.18 by this court has been assatled by the private medical colleges before the Hon'ble Supreme Court in Special Leave to Appeat (C) No.2273 ot 2020 By interim order. dated 31.01 .2020. the Hon,ble Supreme Court stayed the operation of the aforesaid order and the said interim order is in force as on today. Having considered the rival submissions and upon perusal of the material placed on record, it is evident that the claim of the petitioners primarily rests upon the order, dated 08.0.1 .2020 passed by this Court in W p. No 2390B of 20i6. Admittedly, the operatron of the said order has been stayed by the Hon,ble Supreme Court in Speciat Leave to Appeal (C) No.2273 of 2020 and the same is in force till date As the said interim order granter supreme courr conr,nu;-," ^_^:t<rer.gra,t€d bY the g6r'61a )s to remain in f orce, ilhls Corrrt is not

,ruttrce luwadr 5rrdevr wp 25223 2026 inclined to examine the merits of the contentions raised by the petitioners or grant the relief sought for, particularly when the very issue raised in the present writ petition, is the subject matter of consideration before the Hon'ble Supreme Court'

9. However, insofar as the grievance of the petitioners regarding collection of excess tuition fee is concerned, this Court deems it appropriate to grant liberty to the aggrieved students/parties to approach respondent No.3-TAFRC, by filing representations' ventilating their grievance. ln the event of any such representations being submitted, respondent No.3-TAFRC shall consider and dispose of the same, as expeditiously as possible, in accordance with law

10. With the above directions, this Writ Petition is disposed of No costs Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. S.MALLIKARJUNA RAO ASSISTANT REGISTRAR

SECTION OFFICER To,

1. The Principal Secretary'Medical and Health Department' Secretariat' Hyderabad, The State of Telangana' Telangana

2. The Registrar, The Kaloji Narayana Rao University of Health Sciences Warangal, Telangana-506007'

3. The secretary, Telangana Admission Fee Regulatory' Committee 2nd Floor' - ,ff.fn and FAU Campus, Masab Tank' Hyderabad - 500028

4'ThePresidentDr.KrishnaReddyTelanganaPrivateMedicalandDental Colleges Managements Association, , N o '2-23B,1350 ' Bhagyanagal' Phqse.- ili, AEOrgrtt, (ear HMT Hills Colony, Opp JNTU' Kukatpally' Medchal' Hyderabad.

5. One CC to Sri Ramesh Babu Vishwanathula, Advocate [OPUC]

6. Two CCs to GP for Medical Health Family Welfare' High Court for the State of Telangana, at HYderabad [OUT]

7. one cc to sri T. Sharat, SC for Kaloji Narayana Rao University of Health Scie nces[OPUC]

8. One CC to Sri G Chandra Shekar Reddy' SC for TAFRCIOPUCI

9. One CC to Sri S'inivasa Rao Pachwa' Advocate[OPUC]

10. Two CD CoPies W TJ TKS

HIGH COURT CC TODAY DATED: 0410812026

ORDER

WP.No.25223 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\

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