IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 2565 of 1999 Between: Pydah Educational Academy, Ramnagar, Visakhapatnam, rep. by its Member ..... PETITIONER AND 1. Govt. of Andhra Pradesh, rep. by its Secretary, Education Department, Secretariat, Hyderabad. 2. University of Health Sciences, Vijayawada, rep. by its Registrar 3. Free Polio Surgical & Research Foundation D.No.14-3-18, Miharanipet, Visakhapatnam-630 002 Rep. by its Secretary. 4. Visakha Academy of Paramedical Sciences Charitable Trust D.No.1-91-2, Sector 5, MVP Colony, Visakhapatnam, rep. by its Secretary. 5. Govt. of A.P., rep. by its Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad. (5th respondent is impleaded as per Court order dt.19.4.1999 in W.P.M.P.No.3837 of 1999) .....RESPONDENTS 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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents in not granting the Essentiality Certificate in favour of the petitioner for running the Degree course in Bachelor of Physio Therapy as illegal, arbitrary etc., with a consequential direction to the respondents to issue the same in favour of the petitioner. Counsel for the Petitioner:MR.V.V.L.N.SARMA Counsel for the Respondent Nos.1 and 5: G.P. FOR MEDICAL& HEALTH Counsel for the Respondent No.2: Standing Counsel Counsel for the Respondent No.3:MR.M.L.ALI Counsel for the Respondent No.4:Smt.K.SESHARAJYAM The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.2565 OF 1999 ORDER: Pursuant to notification dt.27.10.1997, published in Eenadu Telugu daily newspaper inviting applications from private educational agencies for issue of essentiality certificate for establishing Private Para- Medical Courses in Physiotherapy etc, the petitioner submitted an application to second respondent. It appears, the Selection Committee constituted under G.O.Ms.No.267, dt.14.7.1997 considered the application of the petitioner as well as eight other institutions and recommended to the competent authority for issue of essentiality certificate to respondents 3 and 4. However, the petitioner’s case was not considered. Hence, the petitioner filed the present Writ Petition seeking a direction to the respondents 1, 2 and 5, to issue essentiality certificate to the petitioner. Admittedly, applications for issue of essentiality certificate were called for during the academic year 1997-1998 and the applications were considered by the Selection Committee in 1998 itself. Therefore, at this point of time, if any relief is granted to petitioner, it would amount to issuing Mandamus contrary to relevant procedure. Be it noted, the essentiality certificate is given to all the private institutions for establishing Para-Medical Institutions for particular academic year. Therefore, this Court is not inclined to give direction in favour of petitioner, which would result in giving such essentiality certificate retrospectively. In that view of the mater, the Writ Petition has become infructuous and is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 25.8.2004 bnr To 1. The Secretary, Education Department Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The Registrar, University of Health Sciences, Vijayawada 3. The Secretary, Health, Medical and Family Welfare Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 4. 2 CCs to G.P. for Medical & Health, High Court Bldgs., Hyderabad (OUT) 5. 2 CD copies.