THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOS.14019 AND 14034 OF 2014 Dated : 20.06.2014 WRIT PETITION NO.14019 OF 2014 Between:
Sree Lakshmi Ganesh Educational Society, Diguva Bathina Vandla Palli, Gollpalli (P.O.), L.R.Palli Mandal, Kadapa District, rep. by its Corresondent B.Venkata Narayana Reddy, S/o B.Gangi Reddy, 43 years .. Petitioner And The Government of Andhra Pradesh, Health, Medical and Family Welfare (J2) Department, rep. by its Principal Secretary, Secretariat Buildings, Hyderabad and another .. Respondents WRIT PETITION NO.14034 OF 2014 Between:
Bhavanasi Sreenivasa Educational & Rural Development Society, Gandhi Street, Siddavataram, Kadapa District, Rep. by its Correspondent B.Siva Prasad, S/o B.Srinivasulu, 33 years .. Petitioner And The Government of Andhra Pradesh, Health, Medical and Family Welfare (J2) Department, rep. by its Principal Secretary, Secretariat Buildings, Hyderabad and another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOS.14019 AND 14034 OF 2014 COMMON ORDER :
The petitioners submitted that in accordance with the Government memo No.7296/J2/2002-2009, dated 15.10.2009, they submitted their applications to start Multipurpose Health Workers (Male) Training Institutions in Karimnagar Town. By way of communication vide letter No.282-98/APPMB/2014, dated 03.09.2012, the requests of the petitioners for starting the institutions were rejected on the ground that the institutions do not have sufficient faculty and the available faculty is inadequate to run the course. This decision communicated to the petitioners is not under challenge.
2. Learned counsel for the petitioners submits that in several institutions, second opportunity was afforded, whereas in the case of the petitioners’ institutions, no such opportunity was afforded. He further submits that if an opportunity is afforded, the institutions will establish that sufficient staff is available to administer the course. On a question posed by this Court, learned counsel for the petitioners submitted that so far, petitioners have not made any application requesting the A.P. Para Medical Board to conduct re-inspection of the premises.
3. The relief sought in these writ petitions is that the rejection of the applications, for inadequate faculty, is not valid and no proper inspection was conducted. In the absence of challenge of the order on which the requests of the petitioners was rejected, no adjudication can be made on the correctness of the decision. As rightly submitted by the learned counsel for the petitioners, if the petitioners have sufficient staff available, they should apply to the competent authority requesting to conduct re-verification of the premises. Learned counsel for the petitioners contends that such re-inspection was done in several institutions in several matters and this Court also passed orders to conduct re-inspection. Before filing these writ petitions, the petitioners ought to have submitted their applications requesting the Para Medical Board to conduct re-inspection of the premises.
4. Having regard to the submissions made, these Writ Petitions are disposed of giving liberty to the petitioners to submit applications to the respondents to conduct re- inspection of the premises with reference to the parameters required to be fulfilled including adequate faculty. As and when such applications are received from the petitioners, the 2nd respondent is directed to consider the same and take appropriate action as warranted by law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date : 20.06.2014 ssp