M/S Satya Deva Institute Of ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2861 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO


    W.P.Nos. 17966 , 17944, 17949, 17961, & 17965 of 2019


COMMON ORDER:


      In all these writ petitions, the petitioners are the institutions,

which were offering paramedical courses. The recognitions granted

to these institutions had expired in the year 2019. The petitioners

sought renewal of the said recognition. However, the method and

mode of seeking the said renewal of recognition is not set out in the

affidavit or in the material placed before this Court. Be that as it

may, it appears that the authorities have also conducted inspection

of the institutions of the petitioners in May 2019. Thereafter, since

the recognition was not granted, the petitioners approached this

Court by way of the present set of writ petitions, being aggrieved by

non-grant of recognition by the Board.

      2.    The Government has now filed a counter affidavit

stating that recognition cannot be granted to such institutions unless

essentiality certificate is obtained from the State Government as per

G.O.Ms.No.304 dated 07.08.1997.

      3.    A Learned Single Judge of the erstwhile High Court at

Hyderabad for the State of Telangana and the State of Andhra

Pradesh, vide judgment dated 05.10.2017 in W.P.No.16610 of 2016

had held that grant of essentiality certificate by the Government is

not necessary for renewal of the recognition of the institutions

offering paramedical courses.
                                    2                                  RRR,J
                                               W.P.No.17966 of 2019 & batch




      4.      This   Court   by   an   order     dated    03.08.2021     in

W.P.No.6297 of 2021 had taken the same view.

      5.      In the circumstances, the stand of the Government that

recognition cannot be granted without obtaining essentiality

certificate as per G.O.Ms.No.304 dated 07.08.1997, has to be

rejected.

      6.      It appears that the petitioners have now deposited the

recognition fee payable under Rule 8 of the Andhra Pradesh

Paramedical Board Rules, 2006.

      7.      In these circumstances, all these writ petitions are

disposed of with the following directions:-

   1. The petitioners shall apply for recognition in the prescribed

      form set out in the Andhra Pradesh Paramedical Board Rules,

      2006.

   2. The fee, which was already paid, shall be treated as the fee

      paid under Rule 8 of the Andhra Pradesh Paramedical Board

      Rules, 2006.

   3. Upon such application being received, the Paramedical Board

      shall consider and pass appropriate orders on the applications

      of the petitioners in accordance with Section 24 of the Andhra

      Pradesh Paramedical Board Act, 2006 read with Rule 17 of the

      Andhra Pradesh Paramedical Board Rules, 2006.

   4. The entire exercise shall be completed as expeditiously as

      possible, preferably within a period of three months from the

      date of receipt of a copy of this order.
                                      3                                 RRR,J
                                                W.P.No.17966 of 2019 & batch




      As a sequel, pending miscellaneous petitions, if any, shall stand

closed. There shall be no order as to costs.



                                               _________________________
                                                R. RAGHUNANDAN RAO, J.

4th August, 2021 Js.

4 RRR,J W.P.No.17966 of 2019 & batch

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.Nos. 17966 , 17944, 17949, 17961, & 17965 of 2019

4th August, 2021 Js.