1. This Writ Petition is filed seeking the following relief:

               “to issue Writ or more particularly one in the nature of Writ of Mandamus declaring inaction of the 2nd and 3rd Respondent not regulating the 4th Respondent Medical Colleges, which are exorbitantly collecting excess fee against to 2nd Respondent’s Letter Rc.No.TAFRC/Medical/2022 dated 16.11.2022, 1st Respondent’s G.O.Ms.No.5 dated 27.01.2022 and 3rd Respondent’s Memos/Letters dated 02.04.2026, 21.04.2026 and 06.06.2026 issued to the member colleges of the 4th Respondent-Association, clarifying that the tuition fee for the MBBS course be collected for a total period of 4½ years course, in five (5) equal installments, and consequently declare the excess collection of ½ year fee is against to the Division Bench orders in W.P.No.23908/2018 of this Hon’ble High Court and consequently direct the 1st to 3rd Respondent to take action under the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 as collection of capitation fee and pass…”

2. Heard Mr. Ramesh Babu Vishwanathula, learned counsel for the petitioners, learned Assistant Government Pleader for Medical and Health Department appearing for respondent No.1, Mr.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 Mr.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 medical colleges are collecting excess tuition fee for five years, though the duration of the MBBS course is only 4½ years.

4. 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 action has been taken thereon till date. He further submits that the issue relating to collection of tuition fee for the MBBS course had earlier come up for consideration before this Court in W.P.No.23908 of 2018 and the Hon’ble Division Bench of this Court, by order, dated 08.01.2020, directed respondent No.5 therein-private medical colleges to collect tuition fee only for a period of four years in terms of G.O.Ms.No.120, Heath, Medical and Family Welfare (C1) Department, dated 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 4½ 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 No.4, in one voice, submit that the fee structure prescribed under G.O.Ms.No.5, dated 27.01.2022 contemplates payment of the total tuition fee in five equal installments and does not envisage collection of annual tuition fee for five academic years. It is their specific contention that respondent No.4-private medical colleges are collecting only the fee notified under the said G.O. and that no excess fee is being collected. It is also contended that petitioner No.1 is not an aggrieved person and has no locus standii to file the present writ petition.

6. Learned Standing Counsel for TAFRC further submits that the clarification contained in the letter, dated 16.11.2022 is no longer in force and the TAFRC has subsequently issued a press release, dated 26.06.2024 clarifying that the tuition fee prescribed for the 4½ years MBBS course is payable in five equal installments and the said clarification governs the fee collection.

7. Learned counsel for respondent No.4 further submits that the order, dated 08.01.2020 passed in W.P.No.23908 of 2018 by this Court has been assailed by the private medical colleges before the Hon’ble Supreme Court in Special Leave to Appeal (C) No.2273 of 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.

8. 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 08.01.2020 passed by this Court in W.P. No.23908 of 2016. Admittedly, the operation of the said order has been stayed by the Hon’ble Supreme Court in Special Leave to Appeal (C) No.2273 of 2020 and the same is in force till date. As the said interim order granted by the Hon’ble Supreme Court continues to remain in force, this Court is not 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. In 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.