Lakshmi Vishnu Priya Educational, v. The Andhra Pradesh Para Medical Board,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition Nos. 24727, 26581 and 26582 of 2012 Common Order:

Since the issue involved in all the three writ petitions is common in nature, they are being disposed of by this common order.

2. These three writ petitions were filed by the petitioners challenging the action of the respondents in rejecting the permission and recognition to their institutions to establish and run various diploma courses in Para Medical Sciences.

3. This Court, by orders dated 09.08.2012, 28.08.2012 and 28.08.2012 respectively, directed the second respondent to examine the applications of the petitioners, without reference to its background and consider the feasibility of granting recognition, if the conditions are fulfilled for establishment of the institutions.

4. Pursuant to the said direction, the institutions were inspected and a certificate of recognition was issued on 27.05.2015 in respect of R.K. Reddy Institute of Para Medical Sciences, Jammalamadugu and Sandhya Institute of Para Medical Sciences, Proddatur, and thus, they have been functioning from the academic year 2013-14.

5. In respect of other institutions, a counter affidavit was filed by the first respondent on 14.08.2012 stating as follows. "I further humbly submit that though an opportunity was given for a period of three years, the petitioners - Institutes have not complied with or fulfilled the conditions required under the provisions of the Andhra Pradesh Para Medical Board Act, 2006 (Act 38 of 2006), i.e., furnishing of information indicating the provisions of the Bharat Sevak Samaj Act under which authority the petitioners-Institutes were declared as its authorizing centers to impart training in Para Medical Courses.

I humbly submit that in the above circumstances, the temporary recognition granted has already been withdrawn in Letter No.66/APPMB/2011, dated 19.10.2011 under the

provisions of Section 25 of the A.P. Para Medical Board Act, 2006 (Act 38 of 2006) since the petitioner-Institutes have failed to comply with the conditions of Recognition. Hence no application pertains to the petitioner-Institutes to grant permission or recognition to establish and run various diploma courses in Para Medical Sciences is pending in the first respondent-Board."

6. In view of the above averments made in the counter affidavit, all the Writ Petitions are dismissed upholding the orders of rejection except in the case of R.K. Reddy Institute of Para Medical Sciences, Jammalamadugu and Sandhya Institute of Para Medical Sciences, Proddatur. However, in the circumstances, no costs.

7. As a sequel thereto, the miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 03.03.2016 Nsr