JUDGMENT : S.V. Bhatt, J. 1. Heard Mr. V.V. Anil Kumar and Mr. Tadi Nageswara Rao for petitioner and respondents 2 and 3 respectively. With the consent of Counsel appearing for parties, the writ petition is disposed of at the stage of admission. 2. The petitioner prays for mandamus declaring the action of respondents 2 and 3 in not returning the original certificates submitted by petitioner at the time of admission into MS General Surgery, Siddhartha Medical College, Vijayawada, on 20.4.2018 as illegal and unconstitutional. 3. The circumstances leading upto the filing of writ petition and also the basis on which respondents 2 and 3 refused to return the original certificates of petitioner are not in dispute; hence, they are briefly stated thus: The petitioner was granted admission basing on the All India Rank 5080 under LOC Open General Category, pursuant to proceedings dated 20.4.2018. The petitioner has taken admission and submitted his original certificates to 2nd respondent. The petitioner in the All India Institute of Medical Sciences Entrance Examination-2018 conducted on 6.5.2018 has secured Rank 121. The petitioner is interested in pursuing higher studies in All India Institute of Medical Sciences by withdrawing the admission the petitioner has already taken pursuant to proceedings dated 20.4.2018. 4. Respondents 2 and 3 refer to G.O. Ms. No. 67 dated 21.4.2017 and refuse to return the original certificates though the petitioner is reporting his intention to pay Rs. 3,00,000/- which is one of the conditions to comply if admission is withdrawn. Hence, the writ petition. 5. Mr. Tadi Nageswara Rao, referring to written instructions dated 30.5.2018, firstly contends that the petitioner has taken admission pursuant to proceedings dated 20.4.2018 and the petitioner is bound by all the conditions incorporated in the said Government Order. Therefore, the respondents are justified in refusing to return the original certificates of petitioner and secondly, without admitting that the petitioner has a right to take back his original certificates, he further contends that by virtue of the option now the petitioner is entertaining the State of Andhra Pradesh would be forgoing one seat in the All India Rank which cannot be filled up by any other candidate because 31.5.2018 is the last date for admission.
He further submits that the University is not interested in preventing the petitioner from prosecuting higher studies in All MS and if the Court considers granting relief, the petitioner will have to deposit Rs. 3,00,000/-. 6. We have heard the Counsel appearing for parties. 7. Prima-facie, we are of the view that G.O. Ms. No. 67 dated 21.4.2017 imposes two conditions namely payment of Rs. 3,00,000/- as per the bond executed by the petitioner and the petitioner is prevented from seeking admission in the colleges, which are under the administrative control of 2nd respondent for the next three years. The conditions are merely referred to conclude that the petitioner is not seeking concession or relaxation of either of these conditions. The petitioner firstly says that he will pay Rs. 3,00,000/- and secondly for the next three years, he is not going to appear for admission in P.G. in any college in the area of operation of the 2nd respondent-University. 8. For the above reasons, we are satisfied that the writ petition can be ordered as follows: (a) The petitioner, if has not already deposited Rs. 3,00,000/- is directed to deposit Rs. 3,00,000/- place proof of deposit before respondents 2 and 3 alongwith a copy of this order and request for return of original certificates. (b) Respondents 2 and 3, on receipt of such application, are directed to return all the original certificates deposited by petitioner, pursuant to the proceedings dated 20.4.2018, without loss of time i.e. forthwith. 9. The writ petition is ordered as indicated above. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of.