THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.10086 of 2008 ORDER: The petitioner has established various institutions. The Government of Andhra Pradesh issued notification dated 23-06-2001, inviting applications for establishment of Dental Colleges. The petitioner submitted an application, in response to the same. After scrutiny of the application, the concerned authority expressed the view that the petitioner cannot be issued Essentiality Certificate. Even while the correspondence was going-on, the Government issued G.O.Ms.No.58, dated 09-03-2005, appointing the High Power Committee (for short ‘the Committee’), for the purpose of processing the applications, and for making recommendations for grant of essentiality certificates, for the establishment of medical and dental colleges. This was supplemented by G.O.Ms.No.388, dated 15- 06-2005, wherein it was mentioned that, before the Committee processes the applications, the views of Administrative Staff College of India, Hyderabad, need to be ascertained, and for that purpose, a working group will be convened by the Principal Secretary, Health Department. The petitioner states that though they made repeated representations, from time to time, with a request to place the matter before the Committees, constituted under G.O.Ms.Nos.58 and 388, no action has been taken thereon. They pray for a Writ of Mandamus, declaring the action of the 1st respondent in not considering the application of the petitioner for issuance of essentiality certificate, as arbitrary, and for other ancillary reliefs. The respondents filed a detailed counter-affidavit, together with necessary documents. It is stated that the applications filed by the petitioner, in response to a notification dated 23-06-2001 was rejected, inasmuch as several deficiencies were noticed. The respondents state that the procedure for scrutiny of the applications for the subsequent years has been substantially changed, with the constitution of committees, provided for under G.O.Ms.Nos.58 and 388. They further state that in pursuance of the directions issued by this Court in W.P.Nos.13604 and 15524 of 2005, another committee was constituted through G.O.Rt.No.1306, dated 08-12-2005, and further steps in the context of issuing essentiality certificates; would depend upon the report to be submitted by the Committee. It is stated that the report of the Committee is awaited. Heard Sri M.Surender Rao, learned counsel for the petitioner and learned Government Pleader for Medical and Health. The petitioner is making efforts since the year 2001, for establishing a dental college. The application filed, in response to the notification dated 23-06-2001, was rejected on the ground that certain deficiencies were noticed, in the application. With the change of procedure for processing of applications, for grant of essentiality certificates, the 1st application of the petitioner virtually losts its significance. The Government had constituted the Committee through G.O.Ms.No.58, dated 09-03-2005. The procedure was further modified by issuing G.O.Ms.No.388 dated 15-06-2005. The record does not disclose that the petitioner made any fresh application, after these Committees were constituted. The respondents themselves are, a bit handicapped in proceeding, in the matter of inviting applications for establishment of the medical and dental colleges. The reason is that, it constituted a Committee through G.O.Rt.No.1306, to study various aspects, and a policy decision was taken, not to invite applications, till the Committees submit the report. For one reason or the other, the report was not submitted as yet, by the said Committee. This is not the case, where the petitioner was singled out. When the entire issue is under consideration and examination, the respondents cannot be directed to process the application of the petitioner, that too, made in the year 2001, for grant of essentiality certificate. The respondents can be required to hasten the steps contemplated under G.O.Rt.No.1306, and pave the way for inviting applications for establishment of dental colleges, at the earliest, preferably before the commencement of the next academic year. The petitioner can also avail the opportunity of submitting fresh application. Hence, the writ petition is disposed of, directing that the respondents shall ensure that the steps contemplated under G.O.Ms.No.1306 dated 08-12-2005, and 388, dated 15-06-2005 are completed before the commencement of the academic year 2009-2010, so that notification can be issued, inviting applications. It shall be open to the petitioner to submit its application, as and when such notification is issued. There shall be no order as to costs. ________________________ Dt. -02-2009. L. NARASIMHA REDDY, J. KO