THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5910 of 2010 Date: 22.03.2010 Between: Chandamama Association against Mental and Physical Handicap (CAMP) Regn. NO.178/1995, rep. by its Secretary & Correspondent Dr. M.Venkatappa Reddy and another. … Petitioners And The Govt. of A.P. rep. by its Principal Secretary (Medical Education) Department, Secretariat, Hyderabad and three others. … Respondents. THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5910 of 2010 ORDER: Heard Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of the petitioners, learned Government Pleader for Medical & Health and Sri D.V. Nagarjuna Babu, learned Standing Counsel for the University of Health Sciences. At their request the writ petition is being disposed of at the stage of admission. The 1st petitioner is a society and the 2nd petitioner is its secretary. The action of the 1st respondent in not concluding the enquiry, pursuant to the show cause notice dated 20.05.2009, resulting in inordinate delay in granting affiliation to the petitioner’s college, despite their submission of explanation to the show cause notice, is being questioned in this writ petition as being illegal, arbitrary and unjust. It is wholly unnecessary for this Court to note the averments regarding the performance of the petitioner’s college and it would suffice, for the purpose of disposal of this writ petition, to note that the permission granted by the 1st respondent to the petitioner’s college was hitherto cancelled resulting in their filing W.P. No.19824 of 2009. This Court, by its order dated 28.10.2009, set aside the impugned order of cancellation on the ground that the petitioner was not put on notice. This Court further held that, as a copy of the show cause notice in G.O.Rt. No.641 dated 20.05.2009 was served on the petitioner, it was open to the petitioner to submit their explanation within fifteen day and the Government was directed to pass orders duly considering the explanation submitted by them. Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of the petitioner, would submit that, in compliance with the orders of this Court, the petitioners had submitted their explanation to the show cause notice despite which no orders have been passed by the 1st respondent till date. He would state that, while three batches of students were admitted pursuant to a provisional affiliation granted by the University of Health Sciences(U.H.S.), the inordinate delay in granting provisional affiliation thereafter had necessitated the petitioners admitting students in the 4th batch on their own accord subject to provisional affiliation to be granted later by the U.H.S. Sri D.V. Nagarjuna Babu, learned Standing Counsel for the U.H.S, would draw attention of this Court to the report of the Collector and the District Magistrate, as also to the show cause notice in G.O.Rt No.641 dated 20.05.2009, and submit that, in view of the serious deficiencies pointed out therein, it would be wholly inappropriate for the U.H.S. to grant affiliation more so as the deficiencies pointed out earlier by the Registrar, pursuant to the inspection conducted on 22.09.2008 for grant of continuation of provisional affiliation for the year 2008-09, had not been complied with. He would submit that the petitioners college neither had the necessary infrastructure facilities nor the required teaching faculty and, in such circumstances, the U.H.S. was justified in not granting affiliation to the petitioners college. Statute No.22, of the statute of the U.H.S, provides that, on receipt of an application seeking affiliation, the University should send its Inspection Commission at least three months before the date of commencement of the first year B.Sc (Nursing) degree course examination. Statute No.23 requires the Inspection Commission to inspect the facilities and report to the University as to whether all the facilities, required to be provided by the college, are provided for or not. The Inspection Commission is also required to point out, in its report, the lacunae, if any, in the fulfillment of the conditions required to be fulfilled. Statute No.28 provides that, on receipt of the application for affiliation for the third year B.Sc. (Nursing) Degree Course from the applicant, the University shall send its Inspection Commission at least three months before the date of commencement of the second year B.Sc. (Nursing) Degree examination. Likewise, Statute No.33 provides that, on receipt of application for affiliation for the fourth and final year B.Sc. (Nursing) degree course, the University shall send its Inspection Commission at least three months before the date of commencement of the third year B.Sc. (Nursing) degree examination. The Statute does not provide for deemed affiliation. I find considerable force in the submission of Sri D.V. Nagarjuna Babu, Learned Standing Counsel for U.H.S, that, in the absence of provisional affiliation being granted by the U.H.S, the petitioners could not have, on their own accord, admitted students to the B.Sc (Nursing) degree course for the academic year 2009-2010. Sri D.V. Nagarjuna Babu, learned Standing Counsel for the U.H.S, would fairly state that a decision, whether or not to grant provisional affiliation, is required to be taken by the U.H.S independent of the permission granted by the Government. Learned Counsel would submit that even in cases where the Government had granted permission it was open to the U.H.S. to refuse grant of affiliation, provisional or regular, in case it finds that the conditions for affiliations are not satisfied by the institution concerned. Learned Counsel would further submit that, in cases where the Government has refused to accord permission, or cancels the permission granted earlier, then notwithstanding affiliation, if any, granted by the U.H.S, either provisional or otherwise, the institution concerned is not entitled to run its nursing college. The consequence of the order of this Court, in W.P. No.19824 of 2009 dated 28.10.2009, is that the earlier order of the Government, granting permission to the petitioners college, continues to remain in force. Mere issuance of a notice, calling upon the petitioner to show cause why permission should not be cancelled, cannot be construed as the petitioners not having the requisite permission for it is only if the Government were to pass orders afresh canceling the permission granted earlier would such an eventuality arise. The U.H.S. is required to take a decision, whether or not to grant provisional affiliation, independent of any decision to be taken by the Government with regards grant of permission. The decision, whether or not to grant provisional affiliation, has to be preceded by an inspection of the college concerned. Ends of justice would be met if the University of Health Sciences, in accordance with the various provisions of the Statute including those referred to hereinabove, is directed to constitute an Inspection Commission, inspect the petitioners’ college and, thereafter, take a decision whether or not to grant provisional affiliation. The entire exercise, culminating in a decision being taken whether or not to grant provisional affiliation to the petitioners’ college for the academic year 2010-2011, shall be completed within a period of three months from the date of receipt of a copy of this order. As the petitioners have already submitted their objections, the first respondent shall also pass appropriate orders thereupon, in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is made clear that the inspection which the University of Health Sciences is now directed to carryout is only to enable it to take a decision, whether or not to grant provisional affiliation for the academic year 2010-2011. It is open to the petitioners, if they so choose, to question the failure of the respondent U.H.S to grant affiliation for the early years 2008-2009 and 2009-2010 in appropriate proceedings. It is also made clear that this order shall not be construed as a condonation of the petitioners’ action in having admitted students to the B.Sc (Nursing) course even in the absence of provisional affiliation being granted by the University of Health Sciences. The writ petition is, accordingly, disposed of. However, in the circumstances, without costs. Date: 22.03.2010 ___________________________ RAMESH RANGANATHAN, J MRKR