THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.19824 of 2009 ORDER: The petitioner submitted an application for establishment of a Nursing College to impart Four Year Course of B.Sc (Nursing). The Government accorded permission through its order in G.O.Ms.No.307, Health, Medical and Family Welfare (K2) Department, dated 01-08- 2006. The 3rd and 4th respondents have also granted affiliation and permission, respectively. Accordingly, the petitioner established a College at Mallareddy Nagar, Guntur. The 1st respondent cancelled the permission accorded to the petitioner vide orders in G.O.Ms.No.192, dated 08-09-2009. It is stated that certain deficiencies were noticed in the college and a show cause notice was issued to the petitioner, vide G.O.Rt.No.641, dated 20-05- 2009. Thereafter, the impugned G.O.192, dated 08-09-2009 was issued on the sole basis that the petitioner failed to submit its explanation. The petitioner denies the receipt of the show cause notice. Heard the learned counsel for the petitioner, and learned Government Pleader for Medical Health and Family Welfare. This Court adjourned the matter on few occasions, to enable the learned Government Pleader to place the proof of service of show cause notice upon the petitioner. In his letter dated 28-10-2009, the Director of Medical Education, informed the learned Government Pleader that he does not have any proof of service of show cause notice. The mere issuance of any show cause notice does not amount to compliance with the requirement. It is only when the show cause notice is served, that a person would be in a position to submit his explanation. The contention of the petitioner, that it did not receive the show cause notice, remains unrebutted. Therefore, the impugned G.O., canceling permission cannot be sustained in law. Hence, the writ petition is allowed, and the impugned order is set aside. Now, that the petitioner is served with a copy of the show cause notice in G.O.Rt.No.641, dated 20-05-2009, it is directed that the petitioner shall be entitled to submit its explanation within fifteen days from today. The 1st respondent shall pass fresh orders, duly taking into account the explanation, that may be submitted by the petitioner. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.28-10-2009. KO