^ V APHC010490052025 IN THE HIGH COURT OF ANDHRA PRADESH^ . AT AMARAVATI (Special Original Jurisdiction) v/ TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE v/' PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI ^ WRIT PETITION NO: 25014 OF 2025 Between: 1. Srinivasa Educatibfial Academy, Rep by its President Sri R Venkataswamy, RVS Nagar, Tirupati Road Murkambattu Post Chittoor District. 2. RVS Institute of Medical Sciences, Rep. by its Chairman R RVS Nagar, Tirupati Road, Murkambattu Post, Venkataswamy. Chittoor District ...PETITIONERS AND 1. The Union of India, Rep. by its Health Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi. 2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Government Health Medical and Family Welfare, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The National Medical Commission, Rep. by its Secretary, Pocke^M Sector-8, Dwaraka, New Delhlr^' 4. Medical Assessment and Rating Bo^ Rep. by its President, Pocket New^^D^i. C1 Department 14, Sector 8, Dwaraka, 5. Dr NTR University of Health Sciences, Vijay^ada, Andhra Pradesh - 520 008. ...RESPONDENTS Petition under Article 22'6"of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus declaring the action of respondent no.4 in rejecting the application ^ring ID No.NMC/UG/2025-26/000056-- acknowledged by NMC on 18.01.2025 vide Letter of Disapproval dated 14.081^025 as illegal, arbitrary and in violative of Article 14 of the Constitution of India and to set-aside the Letter of Disapproval dated 14.0^025 issued by the 4th respondent and consequently to direct the 3'^'^ respondent to grant approval for the Academic Year 2025-26 . n lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3^^^ respondent to consider and pass orders in appeal filed u/s 28(5) of the NMC Act, 2019 dated 28.08.2025. Counsel for the Petitioners: SRI PATANJALI PAMIDIGHANTAM Counsel for the Respondent No.1: THE ADDL. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2: GP FOR MEDICAL, HEALTH AND FAMILY WELFARE Counsel for the Respondent Nos.3 & 4:SRI S. VIVEK CHANDRA SEKHAR, sc FOR NMC Counsel for the Respondent No.5: SMT.T.V. SRID^ SC FOR DR. NTR UNIVERSITY OF HEALTH SCIENCES The Court made the following order: ( / APHC010490052025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:- AT AMARAVATI 31 [3483] WRIT PETITION NO: 25014 of 2025 Srinivasa Educational Academy and another ...Petitioners Vs. The Union of India and others ...Respondents ********** Advocate for petitioners Advocate for respondents Sri Patanjali Pamidighantam Sri S. Vivek Chandra Sekhar, learned Standing Counsel for National Medical Commission, Smt T. V. learned Dr. N.T.R. Sciences, Vijayawada. Sridevi, Standing Counsel for University of Health CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 16th September 2025 DATE PC : This is the second round of litigation. The earlier round pertains to the challenge thrown by the petitioner Institution to the cancellation of the Essentiality Certificate which resulted in setting aside of the order of cancellation of the Essentiality Certificate. 2. It appears that the petitioner Institution applied to the National Medical Commission (N.M.C.) for establishment of a new Medical College, application was accompanied by a Consent of Affiliation (C.O.A.) which The was 2 granted by Dr. Y.S.R. University of Health Sciences issued on 06.06.2023 and was to remain valid till 06.06.2026 i.e., for a period of three (3) years. The application with the N.M.C. was filed by the petitioner Institution in January, 2025 which came to be rejected by the N.M.C. on 14.08.2025 inter alia on the ground that C.O.A. dated 06.06.2023 submitted by the college having been used by the applicant for academic year 2024-2025 could not be used for purpose of academic year 2025-2026 in terms of Clause 9 of the Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment and Rating Regulations, 2023 (for short, “the Regulations”). 3. Learned counsel for the petitioner Institution does not deny the fact that Clause 9 of the Regulations which has been relied upon by the N.M.C. for purposes of rejection is in place. However, it is stated that an appeal was preferred on 28.08.2025 against the said rejection order by the petitioner Institution which is pending before the Appeals Committee of the N.M.C. In the interregnum, the petitioner Institution claims that a fresh application moved with Dr. N.T.R. University of Health Sciences, which was pleased to accord a fresh C.O.A. on 30.08.2025. It is stated that since the matter is still before the appellate authority, the fresh C.O.A. granted by the University could be taken into consideration while disposing of the appeal. was 4. The apprehension of the learned counsel for the petitioner Institution is that by the time the appeal is disposed of on merits, the admission process. ■\ 3 which has since been initiated with effect from 21.07.2025, is likely to be over, which would cause irreparable loss to the interests of the petitioner Institution, which is spending crores on maintenance of the Medical College including the faculty and the staff. 5. Learned Standing Counsel for the N.M.C. Sri S. Vivek Chandra Sekhar states that the normal window which is available for disposal of appeals is approximately 45 days from the date of institution and that the appeal would certainly be decided within the given time frame. We have heard the learned counsel for the parties. 6. While the argument of Sri S. Vivek Chandra Sekhar in the ordinary 7. course would be accepted that the appellate authority would be entitled to decide the appeal within the given time frame, considering the peculiar facts and circumstances of the case that the counseling sessions are already in progress and the same are likely to be concluded by 10.10.2025 an appropriate direction to the appellate authority of the N.M.C. would be justified in the facts and circumstances of the case to direct them to dispose of the pending appeal within a period of one week from today. The factum of the issuance of a fresh C.O.A. dated 30.08.2025 issued by the University may also be taken into consideration while deciding the appeal preferred as the third round of counseling is likely to commence from 29.09.2025. 4 8. We make it clear that nothing said by us hereinabove would take away the right of the appellate authority to take an appropriate decision either accepting or rejecting the appeal filed by the petitioner Institution. 9. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. 'I / Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To 1. The Health Secretary, Ministry of HeaHtfTand Family Welfare, Union of Governm.ent of India, Nirman Bhavan. New Delhi. 2. The Special Chief Secretary, Government Health Medical and Family C1 Department, State of Andhra Pradesh, Secretariat, India, Welfare, Velagapudiy^maravathi, Guntur District. 3. The Secretary, National Medical Commission, Pocket 14 Sect^S Dwaraka, New Delhi, w 4. The President, Medical Assessment and Rating Board, Pocket 14, Sector 8, Dwaraka, New Delhi. 5. Dr. NTR University of Health Sciences, Vijayawada, Andhra Pradesh - 520 008. 6. One CC to Sri Patanjali Pamidighantam, Advocate [OPUC] 7. One CC to the Addl. Solicitor General of India, High Court of A.P. at Amaravati[OUT]] 8. One CC to Sri S. Vivek Chandra^khar, SC for NMC[OPUC] 9. One CC to Smt. T.V. Sridevi, SC for Dr. NTR University of Health Sciences[OPUC] 10. Two CCs to GP for Medical, Health and Family Welfare, High Court of Andhra Pradesh [OUTLx-^ 11. Two CD Copies. T- HIGH COURT DATED;16/09/2025 \ \ ORDER WP No. 25014 OF 2025 DISPOSING OF THE W.P . WITHOUT COSTS