IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5492 of 2006 Between: Osmania University, Hyderabad, Rep. by its Registrar. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by Secretary to Government, A.P. Secretariat, Hyderabad. 2 The Secretary to Government, Department of Higher Education, A.P. Secretariat, Hyderabad. 3 State Bank of Hyderabad, Osmania University Campus Branch, Rep. by its Chief Manager 4 Employees State Insurance Corporation, A.p. Region with its Office situated at 5-9-23, Rep. by its Managing Director. 5 The Recovery Officer, Employees State Insurance Corporation, Hyderabad-500 063 6 The State Recovery Officer, Employees State Insurance Corporation, Hyderabad-500 483 .....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 pass an order or orders or writ more particularly one in the nature of writ of mandamus declaring the inaction on the part of Respondent No.1 in not passing any order and not granting permanent exemption to the Department of Publication and Press of the Osmania University under the provisions of ESI Act, 1948 in continuation of G.O.Rt.No. 679, M & H, dt.5-5-1992 under which the exemption was granted from 1-4-1969 to 31-3-1993 in spite of complying of G.O.Rt.No. 679, M & H dt.5-5-1992 under which the exemption was granted from 1-4-1969 to 31-3-1993 in spite of complying with the requirements since 1997 as arbitrary, illegal and violative of Constitutional guarantee under Art. 14 and 19(1)(g) of Constitution of India and direct the respondent No.1 to pass appropriate orders in the matter of granting permanent exemption under ESI Act to Department of Publication and Press, Osamania University on par with A.P. Government Text Book Press, Hyderabad, which was granted the permanent exemption under G.O.Rt.No,. 439 dt.15-5-2002 or pass such other order or orders as deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.DEEPAK BHATTACHARJEE Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by the Osmania University, represented by its Registrar, with a prayer to issue order or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Government of Andhra Pradesh, represented by its Secretary to Government, Health, Medical & Family Welfare-the ﬁrst respondent, in not passing any order and not granting permanent exemption under the provisions of E.S.I. Act, 1948 as arbitrary, illegal and violative of Constitutional guarantee under Article 14 and 19(1)(g) of the Constitution of India. Rule Nisi came to be issued on 20.03.2006. The ﬁrst respondent ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that the exemption sought for by the petitioner has been rejected by the ﬁrst respondent on 5.06.2003 and the same has been communicated to the petitioner. Copy of the letter addressed to the petitioner has been placed on record, which reads as hereunder. “With reference to your letter 1st cited, I am directed to inform that the request to grant of exemption from all the provisions of ESI Act 1948 on permanent basis with eﬀect from 1990 onwards, cannot be accepted in view of the observations of the standing committee for exemptions that the Osmania University is situated within the limits of twin cities of Hyderabad and Secunderabad and Employees can avail the Medical facilities provided by ESI at any ESI Dispensary in Hyderabad and Secunderabad. Hence the request is hereby rejected. In view of the decision of the ﬁrst respondent conveying to the petitioner regarding its rejection for exemption from the purview of the ESI Act, this Writ Petition does not survive and the same is accordingly dismissed as infructuous. _________________________ (B. Seshasayana Reddy, J.) 27th August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh, Rep. by Secretary to Government, A.P. Secretariat, Hyderabad. 2 The Secretary to Government, Department of Higher Education, A.P. Secretariat, Hyderabad. 3 State Bank of Hyderabad, Osmania University Campus Branch, Rep. by its Chief Manager 4 Employees State Insurance Corporation, A.p. Region with its Office situated at 5-9-23, Rep. by its Managing Director. 5 The Recovery Officer, Employees State Insurance Corporation, Hyderabad-500 063 6 The State Recovery Officer, Employees State Insurance Corporation, Hyderabad-500 483 7 2 CCs to G.P. for Medical Health and Family Welfare, High Court of A.P., Hyderabad. (OUT). 8 2 CD copies.