THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.843 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. C.V.Mohan Reddy, learned Senior Counsel
for the appellants and Ms.Gorantla Sri Ranga Pujitha,
learned counsel for respondent Nos.2 & 3.
2. This appeal is directed against the order dated 26.10.2022 passed by the learned Single Judge disposing of Writ Petition No.32959 of 2022 filed by the appellants as the petitioners.
3. Appellants had filed the related writ petition assailing the proceedings dated 11.04.2022 as illegal and arbitrary and sought for quashing of the same. Appellants further sought for a direction to respondent Nos.1 & 3 to reconsider the case of the appellants for grant of permission for establishment of Arundhathi Institute of Medical Sciences in Medchal-Malkajgiri District for the academic year 2022-2023.
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4. By the aforesaid order, learned Single Judge declined to accede to the prayer made by the appellants and accordingly dismissed the writ petition. However, it was clarified that dismissal of the writ petition would not preclude the appellants from approaching the third respondent i.e., Medical Association and Rating Board by submitting fresh proposal complying / rectifying the deficiencies pointed out by the expert bodies with a request to conduct fresh inspection and issue letter of permission.
5. In the course of the hearing, learned Senior Counsel for the appellants submitted that following the liberty granted by the learned Single Judge, appellants had submitted a fresh proposal before the third respondent. In terms of the proposal, an expert team from the third respondent inspected Arundhathi Institute of Medical Science on 02.12.2022; though the expert team did not find any deficiency, it however granted approval for the next academic year i.e., 2023-2024. This is however contested by Ms.Pujitha, learned counsel for respondent Nos.2 & 3.
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6. Be that as it may, in appellate proceedings wherein legality and validity of the order of the learned Single Judge is under challenge, we are not inclined to enter into an examination of the subsequent developments post decision of the learned Single Judge. If the appellants are aggrieved by any such decision taken by the respondents, they would be at liberty to avail their remedy in accordance with law.
7. Subject to the above, the writ appeal is dismissed. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 26.12.2022 mrm