Dr. Ullahas Jagadish v. Union of India

Court: High Court for State of Telangana

Bench: K.LAKSHMAN,B.R.MADHUSUDHAN RAO

Judgment date: 2026-04-28

Case summary

High Court for State of Telangana judgment dated 2026-04-28. Dr. Ullahas Jagadish v. Union of India. Read the judgment and case details on LawSphereX.

Judgment text

34e2 [ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN AND THE HONOURABLE SRI JUSTICE B. R. MADHUSUDHAN RAO WRIT APPEAL NO: 1453 OF 2025 Writ Appeal under clause 1 5 of the Letters Patent preferred against the order daled 3O1O712025 in W. P. No. 15827 ot 2025. on the file of the High Court. Between: '1. Dr. Ullahas Jagadish, S/o. J. Jagadish, aged 32 years, Occ- Doctor, R/o. H. No. 1- 49-3111, Thimmapur Village, Dharmapuri Mandal, Jagitial Dist. PIN - 505 425. 2. Dr. Anu Thankappan, S/o. N. Thankappan, aged 41 years, Occ- Doctor, R/o. Brothers Villa, Manakala PO. , Adoor Pathanamthitta, Kerala State PIN-691 551. ... APPELLANTS/ WRIT PETITIONER No. 2 & 3 AND 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, Delhi-'l 10001 . 4. National Medical Commission, rep. by its Chairperson, Satarkta Bhawan, G. P. O. Complex, Block A, lNA, New Delhi-110023. 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. 10. Dr. KW Rala Shekhar, S/o. KW Satya Narayana Rao, Aged 33 years, Occup. Doctor, R/ o. Flat No. 503, Pinnacle Pride, Umanagar Road No. 1 , Kundan Bagh, Begumpet, Hyderabad-S0O 016. 11. Dr. Kasturi Navaneeth Krishna, S/o. K. Venu Gopal, Aged 32 years, Occup. Doctor, present R/o. Tarnaka, Hyderabad and Permanent R/ o. H. No. 1-49-31/ 1, Thimmapur village, Dharmapuri Mandal, Jagitial Dist PIN-505 425. '12. Dr Khajanayab Rasool Shaik, S/o. Khaja Mastan Saheb, Aged 37 years, Occup. Doctor, R/o. Flat No. 301, Sri Ranga Apartment, Seethaphal Mandi, Secundera bad-500 016. 13. Dr Amar Erukulla, S/o. Naga Bhushanam, Aged 33 years, Occup. Doctor, R/o. Sree Lakshmi Nilaya 4203/10, Swami Vivekanda Badavane, Sth Main, 6th Cross, Davanagere, Karnataka, PIN-577 004. (R 10 to R13 are not necessary parties in this Writ Appeal) ... RESPONDENTS l. A.

NO:2OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the respondents 7 and I to forthwith release the original certificates of the Petitioners along with No-Objection Certificate for the purpose of registration and practice, pending disposal of the above Writ Appeal. Counsel for the Appellants: SRI SREENIVASA RAO VELIVELA Counsel for the Respondent No. 1: SRI N. BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos. 2,5,8 & 9: SRI K. SHANTHAN RAO, AGP FOR HIGHER EDUCATION Counsel for the Respondent No. 7: SRI T. SHARATH, SC FOR KNRUHS Counsel for the Respondent Nos. 3,4 & 6: - The Court made the following: JUDGMENT IN TIIE HIGH COURT FOR TIIE STATE OF TELANGANA AT IIYDERABAD TIIE HON'BLE SRI JUSTICE K. LAKSHMAN AND THE HON'BLE SRI JUSTICE B. R. MADHUSUDHAN RAO WRIT APPEAL No. l453 ot2025 DATE OF JUDGMENT: 28. 04. 2026 Between: Dr.

Ullahas Jagadish and another Appellants. AND Union ol India, represented by its Secretary, Deparlment ol Heatth and Farnily Welfare, Ministry of Health and Family Welfare, Nirman Bhawan, New Dethi and others. Respondents. JUDGMENT (Pcr Hon'ble Sri Justice K. LoAshnon) I{eard Mr. Sreenivasa Rao Velivela, learned counsel lor the appellants, Mr. K. Shanthan Rao, learned Assistant Government Pleader lor Higher Education appearing for respondent Nos. 2, 5, 8 and 9 and Mr. T. Sharath, leamed Standing Counsel for Kaloji Narayana Rao University of Health Sciences i. e. , respondent No. 7. 2. Feeling aggrieved and dissatisfied with the order dated 30. 07. 2025 passed by the leamed SingleJudge in W. P. No. l5827 of 2025, unsuccesstul writ petitioners prc t'crred the present intra coun appcal under clause l5 olthe l-etters Patent 3. Appcllants in respondent No. 8 College in DM/MCh -ioined - (l)octor. ate ol Medicine, Mastcr of Ctrirurgiae). At the time of Jornrng, r'csponclcnt No.

8 - Collcge has obtained an undertaking to scn'c thc (iovcntment of 1'e langana by working in Govcrnment Hosprtals lbr a pcriod of two (2) years afier successful completion of Supcr Specialty Coursc (if required), in case, if rhey tails to join as Senior Rcsidcnt or in casc of not completing two years ol sen'ice within rnaxil. nurn period of 36 months, they undertook to pa)'a surn ot-Rs. 50,00,0001 (Rupees fifty lakhs only) to Govcrnmcnt rn ter-nrs ol'G. O. Ms. No. 165 ol 2017. dated 0(r. 09 20 17. \\'hile. joining thc said course, they have submitted thc origrnals ol' the [ollowing certificates to respondent No.

8 Collcgc i) Pcnnancnt N4cdical [tcgistration Certificate (MBBS & PC); ii) Pe rmanent lr4 BBS Dcgree Certificate; iii) Provisional ['(i Dcgrec Ceftificate; iv) [ntcrnship Completion Certilicate; v) Bonalide ('ertitlcate (MBBS & t,G); vi) Contluct Ccililicatc (N41lBS & PG); vii) SSC/CBSE, (t0'h) Marks Memo; viii) 12'r'Marks Memo; Memo; ix) MBBS Marks Memo/Consolidated Memo; x) PG Marks Memo/Consolidated xi) Transfer Cerrificate; and xii) Migration Certificate. the said course during the They have successfully completed No'S College academic year 2024-2025. Even then, respondent - has not returned the aforesaid original certificates on the ground that appetlants lailed to work in Government Hospitals for a period of two years in terms of the undertaking given by the appellants' 4. It is the specific contention of the appellants herein in the said writ petition that respondent No. 8 Coltege has no power or - authority to withhold the original certificates.

In case of violation I by the appellants, at the most, of the aloresaid undertaking given i l seeking recovery respondent No. 8 Coltege can file a suit of - I money, but it can't withhold the certihcates. l placed reliance 5. Learned counsel for the appellants has also Court Malraiu Suhitha v' The on the principle laid down by this in Secretary, Higher State of Telangana, Rep. by its Principal Etlucution Deportnentt and Ms,Bhaslrupoka Pragna Vardhini v. The State oJ'Telangana, Rep. by its Principal Secretary, Higher Educulion Dcpartmcni . 6 Vidc thc order dated 24. 01 . 2020 in W. P,No. 2l 137 of 2019, the Division Bench of this Court struck down paragraph No. 7 (iii) of G. O. Ms. No. [ 14, dated 05. 07 . 2011 i. e. , original cerlificates submitted by the candidates shall not be returned to them, till they complete thcil coursc of study and appear lor the university examination holding it as un-constitu tional.

A similar view was also taken by this C'ourr in Mahatma Gandhi Law College, NTR Nogar, I{1,slsvubatl v. State of Telanganai and in Sai Lakshnti Saranya v. Tlrc Statc oJ'Telangarua . 7. Thus, rcspondent No. 8 College has no lien over the original ceftitlcates of thc candidates including the appellants herein. If appellants violates the aforesaid undertaking, respondent No. 8 Collcge is entitled fbr an amount of Rs. 50,00,000/- from the appellants on the ground of the violation ol- the said undertaking, ' W P. \o l7l(rl rril0l5. dccr,led on 12. 09. 1()t5 r W. P. xo +0218 <rl lLll5, dccrded orr 09 01. 10l6 r W P No ll4l7 oi 1013. dccirlcd orr 09 ll ? 0ll 'W P. No l-)359 ol 1014. dcculetl oll 19. l0 20l4 respondent No. 8 College lras to file a suit against the appellants -seeking recovery of money but it can't withhold the original certificates of the appellants and it has no lien 8. Mr. K. Shanthan Rao, leamed Assistant Government Pleader lor Higher Education appearing for respondent Nos.

2, 5, 8 and 9, on instructions, would lairly submits that respondent No. 8 Coltege has no power or authority to withhold the original ceftificates of the appellant. 9. Mr. T. Sharath, learned Standing Counsel for Kaloji Narayana Rao University ol Health Sciences for respondent No. 7, also fairly submits that respondent No. 8 Coltege has no lien to withhold the -original certificates of the appellant. I I 10. Without considering the said aspects, vide impugned order , dated 30. 07. 2025 in W. P. No. l5827 of 2025, tearned Singte Judge dismissed the writ petition filed by the appellants herern. ll. In the light of the aforesaid discussion, this Writ Appeat is allowed. The impugned order dated 30. 07. 2025 in W. P. No. 15827 of 2025 is set aside. W. P. No. l5827 of 2025 is allowed. Respondent No. 8 - College is directed to retum the original certificates i. e.

, i) ;l ( Pennanent Medical Registration Certificate (MBBS & pG); ii) Permanent MBBS Degrce Certificate; iii) provisional pG Degree Certificate; iv) Internship Completion Certificate; v) Bonafide Certificate (N4BBS & l,(i), vi) Conduct Certificare (MBBS pG); & vii) SSC/CBSE (10'h) Marks Memo; viii) t2,h Marks Memo; ix) MBBS Marks MenroiConsolidated Memo; x) pG Marks Memo/Consolidated Mcrno; xi) Transler Certificate; and xii) Migration Ceftificate, to thc appellants under due acknowledgment, within one ( t) rveck lrom the date of receipt o[ a copy of this Judgment. As a sequel thcreto, miscellaneous applications, il any, pending in the writ Appcal shalr stand closed. Therc shail no order as to costs SD/. B. SATYAVATHI JOINT REGISTRAR ,/TRUE COPY/ I 6; SECTION OFFICER To l. TheSecretary,Unionoflndia,DepartmentofHealthandFamilyWelfare'Ministry ' Delhi-1 10011' Welfare Nirman Bhawan' New oi iJtni"d iamity and Family Welfare atail of Telangana' Medical 2.

The Principal Secretary, DepartmentSecretariat,Hyderabad .. a'nd Health Services' Ministry of Health 3. The Director, Directorate'6"*"i "t n'ip"th Area' Central Secretariat' New Delhi' Family Welfare, Nirman an";';, Delhi-1 10001 G P O' National Medical Commission' Satarkta Bhawan' 4. The Chairperson, Delhi-1 10023' Complex, Block A, lNA, New Government of Telangana' of Medical Education' 5. The Chairman, oirectoraie Koti, Hyderabad. Telanqana 6. The Chairman, Telangana State Medical Council, P. 8. 523, Sultan Bazaar, Near Posl Office, Opposite Womens College, Hyderabad, Telangana 500095. 7. The Vice Chancellor, Kaloji Narayana Rao University of Health Sciences, Warangal, Telangana- 506007. 8. The Principal, Osmania Medical College, 5-1-876, Turrebaz Khan Rd, Troop Bazaar, Koti, Hyderabad, Telangana 500095. 9. The Principal, Gandhi Medical College, Musheerabad, MIGH Colony, Walker Town, Padmarao Nagar, Secu nderabad-500003, Telangana. '10.

One CC to SRI SREENIVASA RAO VELIVELA, Advocate IOPUCI 1'1. One CC to SRI N BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF |NDIA loPUcI 'l2. One CC to SRI T. SHARATH, SC FOR KNRUHS [OPUC] 13. Two CCs to GP FOR HIGHER EDUCATION, High Court for the State of Telangana, at Hyderabad. [OUTI 14. Two CD Copies PSK h5. PSK I I I I I I I I I l CC TODAY HIGH COURT \ ( DATED: 2810412026 i-iL S i4 ! )' a I ,ro ;i. j [o B (. J 11 "' -i\ "o '-. J' . ,1:. . -. 1. 1.. ';r' JUDGMENT WA. No. 1453 ot 2O25 ALLOWING THE WRIT PETITION WITHOUT COSTS

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