Kmr Educational Society And ... vs The Union Of India And 3 Others
2022 Latest Caselaw 6963 Tel

         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.

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.

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