IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11458 of 2005 Between: M/s.Vijaya Educational Society( A Society Regd Under the - Societies, Chowrasta , Warangal,Rep by its President A.Chenna Reddy, S/o.Rami Reddy, R/o.Warangal. ..... PETITIONER AND 1 Govt of A.P., Rep by its Prl.Secretary, Health Medical and Family Welfare (E1) Dept, Secretariat, Hyderabad. 2 Medical Council of India Rep by its Chairman, Alwan-E- Ghalib Marg, Kotla Road, New Delhi. 3 Director Of Medical Education/ Member Convener, High Power Committee for Evaluation of Applications and to Recommend to Govt for issue of E.C. for Establishment of Medical/Dental - Colleges in Private Sector, 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 May be pleased to issue any appropriate writ , order or direction, preferably a writ in the nature of writ of mandamus, declaring GO.Ms.No.58 Health Medical and Family Welfare (E1) Department dt.9-3- 2005 issued by the 1st respondent and the consequential letter No.15837/E1/2004-2 dt.18-3-2005 issued by the 3rd respondent as being aillegal, arbitrary, Violative of Article of the Constitution of India as well as contrary to the Judgment of Hon'ble Supreme Court reported in 2004910 SCC page No.86 and consequently direct the respondents to consider the case of the petitioner for the grant of essentiality certificate for establishing a medical colleg at Tirupathi, chittoor District and pass such other order or orders. Counsel for the Petitioner: MR.P.VENUGOPAL Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : O R D E R : 1. The petitioner is an Educational Society registered under Societies Registration Act. It has been running Nursing and Para- medical institutions. It responded to the notification issued by the Government for establishing Medical/dental colleges in private sector. G.O.Ms.No.128, dated 30.4.1998 came to be challenged in a batch of writ petitions being W.P.No.36745 of 1998 and batch. The said batch has been allowed by the learned single Judge by a common judgment dated 9.8.1999. The order passed by the learned single Judge has been challenged by way of an appeal. The matter came to be referred to a full bench. A Full Bench of this court gave directions, inter alia, that the Government of Andhra Pradesh had not followed any discernible principle in the matter of identification of various locations. The judgment passed by the Full Bench was assailed by the State Government before the Apex Court. After disposal of the case by the Apex Court the Government constituted another committee vide G.O.Ms.No.58, dated 9.3.2005 to scrutinize the applications for establishing medical/dental colleges. Despite the petitioner submitting application, the government has not chosen to place the same before the Committee. Hence, this Writ Petition assailing the action of 1st respondent. 2. It is stated in the counter affidavit of 1st respondent that no application has been filed by the petitioner for establishing medical college and therefore question of high power committee in inspecting the petitioner-institution does not arise. For better appreciation, I may refer para 5 and 6 of the counter affidavit, which read as under: “ 5. In reply to para 9 it is submitted that the Committee constituted under G.O.Ms.No.58, dated 9.3.2005 had no occasion to inspect the infrastructure said to have been available with the petitioner-institution and consequently no comments about the averments made in para 9 of the affidavit that the petitioner-institution is having all the requisite parameters as prescribed in Form No.2. 6. In reply to para 10 it is submitted that the averments in para 10 are not correct. The High Power Committee constituted under G.O.Ms.NO.58, dated 9.3.2005 so far has not been issued any communication expressing its intention to inspect any proposed medical college.” 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel for Medical and Health appearing on behalf of the respondents. 4. Learned counsel appearing for the petitioner submits that the petitioner responded to the notification and presented application to 1st respondent seeking essentiality certificate for establishing medical college in a private sector and no orders have been passed by 1st respondent as on this day. 5. Whereas it is contended by learned Standing Counsel appearing for Medical and Health that no application filed by the petitioner has reached 1st respondent and therefore the question of his application being placed before the high power committee does not arise. 6. In that view of the matter, I deem it appropriate to dispose of this writ petition reserving the liberty to the petitioner to make a fresh application to 1st respondent for grant of essentiality certificate and on such application being presented 1st respondent shall consider the same in accordance with rules in force and pass appropriate orders. No costs. 2nd July, 2009. ( B.Seshasayana Reddy,J ) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{TRR} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.NO.11458 OF 2005 2ND JULY 2009.