THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 974 of 2004 Date: 15.12.2009 Between: M/s. Vignan Educational Development Society, Ongole. .... APPELLANT AND The Govt. of A.P. rep. by its Secretary, Health, Medical and Family Welfare Dept., and Others. .. Respondents. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 974 of 2004 Oral Judgment: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is filed by the appellant aggrieved by the order of the learned single judge dated 14.6.2009 in Writ Petition No. 20090 of 2003. Originally, the 5th respondent herein filed the aforementioned writ petition before the learned single judge assailing the inaction of the respondents 1 to 4 in not considering its application dated 24.7.2001 for grant of Provisional Affiliation Certificate based on the Essentiality Certificate dated 2.6.2001 issued by the respondents for establishment of a medical college. A consequential direction was also sought to direct the 2nd respondent to consider its application for grant of Provisional Affiliation Certificate. The learned single judge, while taking into consideration the judgment of a Division Bench of this Court in Writ Appeal No. 1170 of 2001, had disposed of the writ petition directing the respondent-authorities to consider the application of the 5th respondent as well as the appellant herein for grant of Essentiality Certificate afresh in the light of the observations made by this Court in the aforementioned Writ Appeal. Feeling aggrieved, the appellant filed the present appeal. When the appeal has come up for hearing, Sri T. Sreenivasa Reddy, learned counsel representing Sri C.V. Mohan Reddy, learned counsel for the appellant, on instructions, has submitted that the appellant has been running an Engineering College in the building, which is meant for the establishment of a medical college. In the circumstances, the application of the appellant alone would now survive for consideration. Hence, the respondent-authorities are directed to consider the application of the appellant for establishment of a medical college in accordance with law, if the application of the appellant is otherwise in order. The writ appeal is accordingly allowed with the above modification. No costs. ___________________ T.MEENA KUMARI,J Date: 15th December, 2009 _________________ SANJAY KUMAR,J pnb