HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.30956 OF 2025

ORDER:

Heard Sri B.Kiran Kumar, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Medical Health and Family Welfare, appearing on behalf of the respondent No.1 & 2, Sri T.Sharath, learned standing counsel appearing on behalf of the respondent No.3 and Ms. Gorantla Pujitha, learned standing counsel appearing on behalf of the respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly 1^st Respondent 2^nd & 3^rd Respondent University and University in not permitting the Petitioner to comply with the deficiencies to the Show Cause Notice, dt 23.09.2025 and not issuing Essentiality Certificate through there is an Interim Order dt 01.05.2025 was passed to consider the application and not issuing Consent of Affiliation without issuing Consent of Affiliation to comply with the deficiencies Show Cause Notice, dt 26.09.2025 and not considering the Application Ref No.CMRIMS& H/PG/COA/2025/001, dt 25.09.2025 of the Petitioner Institution and not allowing the Petitioner to establish Medical PG courses in the institution as illegal unjust arbitrary discriminatory and violative of Articles 14, 16 and 19(1) (g) of the Constitution of India and consequently direct the Respondents 1 to 3 more particularly 3^rd Respondent to issue Consent of Affiliation and consider Application Ref No. CMRIMS&H/PG/COA/2025/001, dt 25.09.2025 and issue Essentiality Certificate as per the Interim Orders dt 01.05.2025 in W.P.No.12582 of 2025 to the Petitioner’s Institution and approve seats requested for Medical PG courses and pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner, a reputed educational institution established in 2007, intended to start postgraduate medical courses. In pursuance to the Notification Lt.No.M-19011/38/2024/NMC/PGMEB (8293796), dated 20.09.2024, issued by the 4th respondent whereby inviting applications for new PG medical courses for the academic year 2025–2026, the petitioner submitted applications to the 4th respondent and also to the 2nd and 3rd respondents seeking an Essentiality Certificate and appointment of assessors for inspection.

Despite completion of inspection, the 2nd & 3rd respondents failed to issue the Essentiality Certificate. Aggrieved by the same, on earlier occasion, the petitioner filed W.P. No. 12582 of 2025, and this Court was pleased to pass an order, dated

01.05.2025 directing the respondents 1 to 3 to consider the petitioner’s applications dated 15.10.2024 and 09.12.2024 within two weeks. As the order was not complied with, the petitioner filed Contempt Case No. 1996 of 2025, which is pending.

It is further the case of the petitioner that subsequently, the

4th respondent issued a show cause notice dated 23.09.2025 to the petitioner stating that the COA was not in the proper format and granted seven days for compliance by the petitioner. The petitioner submitted representations on 26.09.2025 to the 3rd respondent seeking issuance of the Consent of Affiliation and on 01.10.2025 to the 4th respondent responding to the show cause notice. As no action was taken, the petitioner filed the present writ petition.

4. PERUSED THE RECORD.

A. The letter, Ref:CMRI MS&H/ PG/ COA/ 2025/ 001, dated 26.09.2025 of the petitioner addressed to the 3^rd respondent is extracted hereunder:-

This is to bring to your kind notice that, we are applying for starting of new Post-Graduation courses in the following departments, as we are eligible according to the latest PGMER released by the National Medical Commission.

In this regard we request your good office to issue Consent of Affiliation to CMR Institute of Medical Sciences for starting