SUSHRUTHA EDUCATIONAL ACADEMY SOCIETY Vs. RACHEL CHATTERJEE

JUDGEMENT

(1.) The contempt case is filed alleging disobedience of the orders of this Court in Writ Petition No. 4599/98 dated 19-2-1998.

(2.) In the writ petition it was the case of the petitioner that it made an application on 31-12-1996 to the Government of Andhra Pradesh for grant of Essentiality Certificate for establishing a Dental College at Nalgonda. While its case was not considered applications filed at later point of time by other persons were considered and permission was granted to establish a Dental College. Therefore, the petitioner filed Writ Petition No. 4599/98 seeking directions to the respondents to consider the application for grant of Essentiality Certificate. This Court by an order dated 19-2-1998 disposed of the writ petition with the following directions;

(3.) In the counter filed by the respondent, it is stated that after receipt of the order, the Director of Medical Education was requested to submit the report and the report was also submitted on 21-4-1998. However, it was noticed that the petitioner did not have its own hospital and made a request to utilise the Government hospital at Nalgonda. The State Government had not yet given the permission for such an arrangement. While the matter stood thus, the Government issued G.O.Ms.No. 128 dated 30-4-1998 constituting the Committee to decide the applications for grant of Essentiality Certificates and as per the said G.O. all the applications pending with the Government will be treated as not valid and the deposit sent with the applications will be returned forthwith to the concerned authorities. Therefore, the petitioner was informed to approach the Committee since pending applications were treated as invalid. In view of the constitution of the Committee, the jurisdiction to examine the claim of the applicants for establishment of the Medical and Dental Colleges stand transferred to the Committee which will examine the applications depending on their merits. It is also stated that since the regular Secretary was on foreign tour, the orders of this Court could not be implemented and apology tendered to this Court. However, the learned Addl. Advocate General stated that the application of the petitioner has also now been transferred to the Committee by proceedings dated 22-7-1998. Therefore, it is submitted by the respondents that no contempt has been committed.