IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 18434 of 2005 Between: 1 S.K. Mastan, S/o. Pacha Miya (Dileef Memorial Educational & Social Service Academy) Gandhi Road, Nellore. 2 R. Venkat Swamy, S/o. r. Kanakaiah, (Srinivasa Educational Academy), Chittoor. 3 P. Ravi Kumar, S/o. P.D. Ashirvadham, (Grace Minority Educational Society), Raja Reddy Street, Cuddapah. ..... PETITIONER(S) AND 1 The Government of A.P., rep. by its Prl. Secretary, Health Medical and Family Welfare Department, Secretariat, Hyderabad. 2 The Director of Medical Education, A.P. Sultan Bazar, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ order or direction more in the nature of writ of mandamus directing the respondents to take a decision in the matter of their applications for grant of the requires no objection certiﬁcate for starting of schools/colleges of nursing at the earliest by declaring the action of the respondent in granting the same and not granting to the others like the petitioners as discriminatory and arbitrary and further direct the respondents to grant the required certiﬁcates for the petitioners and pass such other order or orders. Counsel for the Petitioners: MR.K.ANANTHA RAO Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18434 OF 2005 ORDER: Three petitioners applied to Nursing Council of India for establishing nursing schools in Chittoor, Kadapa and Nellore Districts. Applications were received by second respondent who after inspection is required to issue essentiality/No Objection Certificate. The petitioners allege that second respondent did not arrange for inspection though other Nursing Schools were inspected and essentiality certiﬁcates were issued for commencing the course for academic year 2005-2006. Alleging discrimination, petitioners approached this Court seeking a declaration and a direction to grant essentiality certiﬁcates to petitioners. Counter aﬃdavit is ﬁled by second respondent opposing the writ petition. The fact that petitioners made applications for establishing Nursing Schools is admitted. It is also stated that the applications were sent to concerned oﬃcer for verifying the infrastructure available. In the meanwhile, Government of Andhra Pradesh issued Memo, dated 12.01.2005 informing the policy decision to re-verify all the applications including those who have already veriﬁed. Accordingly, as per the orders in G.O.Rt.No.448, dated 25.04.2005, District Level teams were constituted to re-verify and cross check the infrastructure and submit a report. In view of the same, the essentiality certiﬁcates were not issued to petitioners, pending inspection by District Level Committee. It is also stated that necessary action would be taken after receipt of report of District Level Team. Though the counter aﬃdavit is ﬁled on 02.01.2006, reply aﬃdavit is not filed by petitioners. As rightly pointed out by learned Assistant Government Pleader, discrimination or illegality as alleged by petitioners are absent in the exercise taken by respondents. Due to change of Government policy, the new District Level Committee was appointed, which was entrusted the inspection. Therefore, essentiality certiﬁcate could not be given in time to enable petitioners to take up admissions for academic year 2005-2006. The petitioners’ grievance was with reference to academic year 2005-2006 and at this point of time, no relief can be granted. If petitioners’ applications are rejected, liberty is given to them to seek redressal separately. The writ petition, with the above observations, is accordingly disposed of. No costs. ______________ (V.V.S.RAO,J) 11.11.2008. pln