Andhra Pradesh High Court - Amravati
Goli Amar Nagesh Kumar vs The Union Of India on 3 September, 2025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Or-Igina] Jurisdict-Ion)
WEDNESDAY, THE THIRD DAY OF SEPTEMBER
I
TWO THOUSAND AND TWENTY FIVE
: PRESENT:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY,
WRIT PETITION NO: 23449 OF 2025
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Betwee n :
Dr. Goli Amar Nagesh Kumar, S/a. Goli Nagendra Rao, Aged about 41 years,
occ: Associate Professor in Bio`-chemistry, VELS Medical College, Chennai,
Tamil Nadu State, R/o.D.No.7-2-46, 4th Ward, Backside of Shram Chits;
station Road, Sattenapalli, Gunturt District -522403.
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Petitioner
AND
1. The Union of India, Rep., by its Secretary Ministry of Health and Family
Welfare, 'A' Wing, Nirman Bhavan, New Delhi.
2. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department,`- Secretariat Buildings, Velagapudi, Guntur
District.
3. National Medical Commission, (Previously known as MCl) Rep., by its
chairman, office at pocket-14 , Sector -8, Dwarka Phase -1, New
De'lhi, India. .a
4. Sri Venkateswara Institute of Medical Sciences (SVIMS), Rep by its
Registrar, SVIMS, AIipiri Faoac!, Tirupati, Tirupati District-517507.
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Respondents
Petition under Article 226 Qf` the Constitution of India praying that in the
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circumstances stated in the affidav.it:filed therewi{h, the High Court may be
pleased to issue an appropriate writ' order or direction more particularly one in
the nature of writ of Mandamus declaring the Notification Roe.IVo. C3/I-Off,-ce-
cIVo.2O57596, dated 14.08.202`5 -issued by the respondent No. 4 inviting
applications for appointment to+``the posts of Assistant Professors in the
Departments of Medical Bio-Ch;mistJy by prescribing the essential eligible
qualification as M.D/M.S/DNB in'-the respective discipline/subject, without
considering the M.Sc, with PhD<in Medical Biochemistry as an eligible
qualification to be appointed as Assistant Professors, eventhough, the same is
equally eligible academic qualrfi`6¢a[ion for an Non-Medical faculty to be
appointed for Medical Broad spep6`jalti~es in Medical Institutions, as arbitrary,
illegal, quite contrary to the'<pr6visions of the Medical Institutions
(Qualifications of Faculty) Regula`{i'6ns, 2025 and the well-established legal
principles apart from being viola~¥iivg'of the fundamental rights guaranteed to
the petI-tiOner under Articles 14',' 1.tgctand 21 of the Constitution of India anc!
consequently direct the resporicient` No.4 to consider application of the
petitioner for appointment to the !'post of the Assistant Professor in the
Department of Bio-Chemistry in i6rmS of Regulation 3 & ll of the Medical
Institutions (Qualifications of Fad~ti'Ity) Regulations, 2025, for the Notification
Roc.No.C3/E-Office-CNo.20515g6',--`--I dated 14.08.2025 issued by the
respondent No. 4.
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petition under `'S6;tio'n 151 `CPC praying that in the
circumstances stated in the affida-Wit filed in support of the petition, the High
court may be pleased to direct th6'''respondent No.4 to consider application of
the petitioner for appointment {6-ihe post of the Assistant Professor in the
Department of Bio-Chemistry in terms of Regulation_3 & ll of the Medical
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Institutions (Qualifications of Faculty),Regulations, 2025, for the Notification
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Roc.No.C3/E-Office-CNo.2051596, ' dated 14.08.2025 issued by the
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respondent No, 4, Pending dispds-al o-f wp No.23449 of 2025, on the fl-le of
the High Court. ;.J`,_;`t::..t:
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The petition coming on foyi~`-h';:arI-ng, upon Perusing the Petition and I
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affidavi`t filed in support thereof land upon hearing the arguments of sri v
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Reddy Kowuri, Advocate for the -petitioner, and of Additional Solicitor General
for Respondent No.1, and of GP`,for Medical, Health & FW for Respondent
No.2, and of Sri S. Vivek Chand``rasekhar, Standing Counsel for Respondent
No.3, the Court made the followin_g;.:,;+`,.
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ORDER
., I-€i,-. ;3 I Learned counsel for th6{'l petitioner(s) is permitted to take out
-personal not:ice to the R'6§isondent(s) by regI-Stered Post With acknowledgment due and file pie,9f Of Service.
Post on 12.09.2025.
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In the present writ pe`tj=tion, the petitioner is questioning the qualification prescribed in the Notification dated 14|0812025 issued by the Respondent No. 4 inviting applications to the post of fAssistant Professors] in the Departmen--€L6E Medical Biochemistry contrary to the provisions of the Medicar' InSJtitutions (Qualifications of Faculty) Reg u lations, 2025. ~.`--+,.:,,,:i.::,,;<.,:.,.
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Learnecl counsel for 'Ehe Petitioner would submI-I that the
Petitio.ner has the requisite` qualification as requirecl under the
provisions of the Medical lmstitutions (Qualifications of Faculty)
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Regulations, 2025, and any ,recruitment tO the Post Of fAssistanE Professor" should be in accordatri66 with the said regulations.
|` considering the submissions made, the Respondent Authorities are directed to receive the application of the petitioner for appointment to the post of [Assistant ProfessdrJ pending further orders.
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|``€ r sd/-SHAIK MOHD. RAFI I ASSISTANT REGISTRAR •'i'* //TRUE COPY// sECTIOlfa2%FFldER To,
1. The Secretary, Union of lnd!aJ Ministry of Health and Family Welfare, A Wing, Nirman Bhavan, New...Delhi.
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2. The Principal Secretary, State of Andhra Pradesh, Medical and Health Department, Secretariat Buildings, Velagapudi , Guntur District.
3. The Chairman, National Medical Commission, (Previously known as MCl) Office at Pocket-14, S`ector -8, bwarka Phase -1, New Delhi, India_ I
4. The Registrar, Sri VenkateswLara Institute of Medical Sciences (SVIMS), svlMS, AIipiri Road, Tirupati, Tirupati District-517507. (1 to 4 by RPAD)
5. One CC to Sri V R Reddy` Koy`vuri, Advocate [OPUC] I
6. One CC to Sri S.Vivek Ch-a,n`drasekhar, Stand-lng Counsel [OPUC]
7. One CC to the AdditionaI``S-'6licitor General of India, High Court of AP [OPUC]
8. Two CCs to GP for Medical, He'alth & FW, High Court ofAP [OUT]
9. One spare copy ._I-|', I HIGH COURT VN, J DATED: 03/09/2025 POST ON 12.09.2025 ORDER WP.NO.23449 OF 2025 INTERIM DIRECTION