WA/1422/2025 of Dr. Goteti Ravindranath Vs Union of India on 28 April 2026

1. Union of lndia, Rep. by its Secretary Department of Health and Family Welfare, Ministry of Health and Family Welfare Nirman Bhawan, New Delhi- 11001 1.

2. State of Telangana, rep. by its Principal Secretary, Medical and Family Welfare Department Secretariat, Hyderabad.

3. Directorate General of Health Services, rep. by its Director, Ministry of Health and Family Welfare, Nirman Bhawan, Rajpath Area, Central Secretariat, New Delhi, Dethi-l 10001

4. National Medical Commission, rep. by its Chairperson, Satarkta Bhawan, G.P.O. Complex, Block A, lNA, New Delhi-1 10023.

5. Directorate of Medical Education, rep. by its Chairman, Government of Telangana, Koti, Hyderabad, Telangana.

6. Telangana State Medical Council, Rep. by its Chairman, P. B. 523, Sultan Bazaar, Near Post Office, Opposite Womens College, Hyderabad, Telangana 500095.

7. Kaloji Narayana Rao University of Health Sciences, rep. by its Vice Chancellor, Warangal, Telangana- 506007- 8 Osmania Medical College, rep. by its Principal, 5-1-876, Turrebaz Khan Rd, Troop Bazaar, Koti, Hyderabad, Telangana 500095.

9. Gandhi Medical College, rep.by its Principal Musheerabad, MIGH Colony, Walker Town, Padmarao Nagar, Secunderabad-500003, Telangana. ...RESPONDENTS l.A. NO: 2OF 2025 Petition under Section 151 CPC praying that in the ci-rcumstances stated in the affldavit filed in support of the petition, the High Court may be pleased to DIRECT the respondents 7 and B to forthwith release the original certificates of the Petitioner along with No- Objection Certificate for the purpose of registration and practice, pending disposal of the above Writ Appeal. Counsel for the Counsel for the Counsel for the Counsel for the Counsel for the Appellant: SRI SREENIVASA RAO VELIVELA Respondent No.1: SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Respondent Nos.2,5,8 & 9: SRI K.SHANTHAN RAO, AGP FOR HIGHER EDUCATION Respondent No.7: SRI T.SHARATH, SC FOR KNRUHS Respondent Nos.3,4 & 6: -- The Court made the following: JUDGMENT

w IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE, K. LAKSHMAN AND THE HON'BLE SRI JUSTICE B.R.MADIIUS.UDHAN RAO WRIT APPEAL No.l422 of 2025 DATE OF JUDGMENT: 28.04.2026 Between Dr.Goteti Ravindranath. Appellant. AND Union of India, represented by its Secretary, Department of Health and Family Welfare, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi and eight others. Respondents. JUDGMENT (Per Hon'ble Sri Jrcrtce K.ltkhnon) Heard Mr.Sreenivasa Rao Velivela, learned counsel for the appellant, Mr.K.Shanthan Rao, leamed Assistant Government Pleader for Higher Education appearing for respondent Nos.2, 5, 8 and 9 and Mr.T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University ol Health Sciences i.e., respondent No.7.

2. Feeting aggrieved and dissatisfied with the order dated 30.07 .2025 passed by the leamed Singte Judgc in W.P.No. 15250 of ,l

2025, unsuccessful writ petitioner preferred the present intra - court appcal underclause l5 ofthe Letters Patent

3. Appellant.joined rn respondent No.8 - College in DM/MCh (Doctoratc of Medicine, Master of Chirurgiae). At the time of joinrng, respondent No.S - Cottege has obtained an undertaking to sen,e the Govemrnent ol Telangana by working in Govemment Hospitals tbr a period ol two (2) years after successful completion ol-Supcr Specialty Course (if required), in case, if he fbils to join as Senior l{esident or in case of not completing two years ol seruice within maximum period of 36 months, he undertook to pay a sum of Rs 50.00,000/- (Rupecs fifty lakhs onty) to Governmenr in lerms of (l.O.Ms No l65 of 2017, dated 06.09.2017. While joining thc said coursc, he has suLrmitted the originals of the following certiflcates to rcspondent No.8 - College

i) Pcrrnanent Mcdical Registration Certificate (MBBS & PG);

ii) Permanent MBBS Degree Certificate;

iii) Provisional l)G Degree Certilrcate;

iv) Intcrnship Cornple tion Certificate;

v) Bonafide Cerri{rcate (MI}BS & PG);

vi) (ionduct Ccrtificate (MBBS & PG);

vii) SSC/CBSE 1 l0'r') Marks Memo;

w viii) 12th Marks Memo;

ix) MBBS Marks Memo/Consolidated Memo:

x) PG Marks Memo/Consolidated Memo;

xi) Transler Certificate; and

xii) Migration Certifi cate. He has successfully completed the said course during the academic year 2024-2025. Even then, respondent No.8 - College has not returned the aforesaid original certificates on the ground that appellant lailed to work in Govemment Hospitals for a period of two years in terms of the undertaking dated 11.04.2022 given by the appellant.

4. It is the specific contention olthe appellant herein in the said writ petition that respondent No.8 - Cotlege has no power or authority to withhold the original certificates. ln case of violation of the aforesaid undertaking given by the appellant, at the most, respondent No.8 - College can file a suit seeking recovery of money, but it can't withhold the certificates.

5. Leamed counsel for the appellant has also placed reliance on the principle laid down by this Court in Malraju Suhitha v. The State of Telangana, Rep. by its Principal Secretory, Higher

Etlucutiotr Deparlmentt and Ms.Bhashapaka Pragna Vardhini v. The State of Telangana, Rep. by its Principal Secretary, Higlter Etl ucatiott Depa rtmenl.

6. Vide the order dated 24.01.2020 in W.P.No.2ll37 of 2019, the Division Bench of this Court struck down paragraph No.7 (iii) ol' G.O.Ms.No. ll4, dated 05.07.2017 i.e., original certihcates submittetl by thc candidates shall not be returned to them, till they con.rplete their course ol study and appear for the university exarrination holding it as un-constitu tional. A similar view was also taken by this Court in Mahatma Gandhi Law College, NTR Nagar, H1,t!e1'abud v. State of Telanganat and in ^iai Lakshmi Saranl,u v. The State of Telanganaa .

7. -l'hus, respondent No.8 - College has no lien over the original certificates of the candidates including the appellant herein. If appellant violates the aforesaid undertaking, dated | | .04.2022, rcspondent No.8 - Coltege is entitled for an amount of Rs.50.00,000/- fiom the appellant on the ground of the violation of W P N() ?7lf)l ol l0l5- decrdcd or 12.09.2025 W.l' No ,101 l8 of 1015. decrded on 09.01 .2026 W.P.No 12.1 I 7 of l0lli. dccidcd ou 09.12.2022 W.P No.l5.l-59 ot lt) l l. dccidcd or 19.10,2024

I I the said undertaking, respondent No.8 - College has to file a suit against the appellant seeking recovery of money but it can't withhold the originat certificates of the appellant and it has no lien.

8. Mr.K.Shanthan Rao, leamed Assistant Government Pleader for Higher Education appearing for respondent Nos.2, 5, 8 and 9, on instructions, would fairly submits that respondent No.8 - Cotlege has no power or authority to withhold the original certificates of the appellant.

9. Mr.T.Sharath, learned Standing Counsel for Katoji Narayana Rao University of Health Sciences for respondent No.7, also fairly submits that respondent No.8 - Cotlege has no lien to withhotd the original certificates of the appellant.

10. Without considering the said aspects, vrZe impugned order dated 30.07.2025 in W.P.No.15250 of 2025, leamed Single Judge dismissed the writ petition fited by the appellant herein. I l. In the light of the aforesaid discussion, this Writ Appeal is allowed. The impugned order dated 30.07.2025 in W.p.No.l5250 of 2025 is set aside. W.P.No. I 5250 of 2025 is allowed. Respondent No.8 - College is directed to return the original certificates i.e., i) I {t i I I I I I i I I I I I l I I I I I I I

Permanent Medical Registration Certificate (MBBS & PG); ii) Permanent MBBS Degree Certiticate; iii) Provisional PG Degree Certificate; iv) Internship Completion Certificate; v) Bonafide Cerliflcate (MBBS & PG); vi) Conduct Certificate (MBBS & PG);

vii) SSC/CBSE (10'h) Marks Memo; viii) l2'h Marks Memo; ix) MBBS Marks Memo/Consolidated Memo; x) PG Marks Memo/Consolidated Memo; xi) Transfcr Certificate; and xii) Migration Certificate, to the appellant under due acknowledgment, rvithin onc ( 1) week ftorn the date of receipt of a copy ol this J udgmcnt. As a sequel thereto, miscetlaneous applications, if any, pending in the Writ,A.ppeal shalt stand closed. There shall no order as to costs. //TRUE COPY// SD/- B.SATYAVATHI JO!NT REGISTRAR /-- \-:7- SECTION OFFICER To L The Secretary, Union of lndia, Department of Health and Family Welfare, Ministry of Health and Family Welfare Nirman Bhawan' New Delhi-1 1001 1 ' The Principal Secretary, Medical and Family Welfare Department Secretariat' Hyderabad, State of Telangana- The Director, Directorate General of Health 5srvl6s5' Ministrv of Health and Familv Welfare. Nirman fiffiin"R;;;in e't"' central SLcretariat' New Delhi, Delhi-110001 , n^*-iccinn Satarkta Bhawan' G P O i:ik]:ii:[r*[ q.[]J n:#',ru ,. j1,", "." ", .r re ans a n a ffi ',iilT"1:"i+:ij:1"i", ll li ll i! E t:

6. The chairman, Terangana state Medicar councir, p. B.523, surtan Bazaar, Near Post office, opposite womens coilege, Hyderabad, Terangana 500095.'

7. The Vice chancerror, Karoji Narayana Rao university of Hearth Sciences, Warangal, Telangana- S06007.

8. The Principal, Osmania Medical College, 5-1_g76, Turrebaz Khan Rd, Troop Bazaar, Koti, Hyderabad, Telangana 500095.

9. The Principal, Gandhi Me.rtical College, Musheerabad, MIGH Colony, Walker Town, Padmarao Nagar, Secunderabad-S00003, Telangana.

10. One CC to SRI SREENTVASA RAO VEL|VELA, Advocate [OPUC] 1'l One CC to SRt N.BHUJANGA RAO, DEpUTy SOL|CITOR GENERAL OF rNDtA IOPUC]

12. One CC to SRI T.SHARATH, SC FOR KNRUHS IOPUC]

13. Two ccs to GP FoR HTGHER EDUCATTON, High court for the State of Telangana, at Hyderabad. [OUTJ

14. Two CD Copies PSK PSK ry

CC TODAY t I HIGH COURT DATED: 2810412026

JUDGMENT

WA.No.1422 OF 2025 ALLOWING THE WRIT APPEAL WITHOUT COSTS II (( ;i-' ) /i . ' :, +, D'..'11' i q o t.:: 2 I rDR 2026 x t\ 1A 11"