Andhra Pradesh High Court - Amravati
Bonala Shahjeer vs The State Of Andhra Pradesh on 17 June, 2025
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APHC010419232023
iN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATi
(Special Original Jurisdiction) i
TUESDAY, THE SEVENTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION Nos: 21631 OF 2023. WP:6838/2023. WP: 17406/2023,
WP: 18405/2023. WP:21659/2023, WP:22491/2023, WP:22562/2023.
WP:23128/2023. WP:23258/2023, WP:23848/2023. WP:25151/2023.
WP:28503/2023. WP:29248/2022. WP:31372/2022. WP:33278/2022.
WP:33412/2022. WP:33733/2022. WP:33894/2022 and WP:35248/2022
WRIT PETITION No: 21631 OF 2023
Between:
1. Dr. K.Satheesh Naik, S/o. K.Lalsingh Naik, Aged about 39 years, Occ:
Associate Professor, Department of Anatomy, MNR Medical College &
Hospital, Fasalwadi, Sangareddy, R/o. Staff Quarters No -102, 'C
Block MNR Medical College & Hospital, Fasalwadi, Sangareddy,
Telangana ~ 502294.
2. Dr. G.Krishna Kishore, S/o. Damodhar Naidu, aged about 36 years,
Occ: Assistant Professor, Department of Anatomy, Shridevi Institute of
Medical Sciences & Research Hospital, R/o. #14, cross, 9**^ Main
Road, Sri Maatha Layout, Sharadambanagar, Jalahatli Village,
Bangalore- 560013.
3. Dr. Satyanath Reddy Kodidaia, S/o. Ramalingeshwara Reddy, Aged
about 35 Years, Occ: Associate Professor, Department of Physiology,
JJM Medical College, Davangere R/o. BEA Quarters, Indragiri B2,
Anjaneya Dadavane, Davangere, Karnataka 577001.
4. Dr Sai Sailesh Kumar G, S/o.Vijay G, Aged about 40 Years, Occ:
Associate Professor, Department of Physiology NRI Institute of
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Medical sciences, Vishakapatnam, R/o. D Block 302, Staff Quarters,
NRI Institute of Medical sciences Sanghivalasa, Vishakapatnam.
, 5; '5. Dr.B.V.Surendra, S/o. B.Venkata Ramana, aged about 44 years,
Occ; Associate Professor, Department of Physiology, Viswabharathi
Medical College and General Hospital R/o. B-40, Skanda Hibiscus,
Ulchala Road, Kurnool-518003.
6. Dr. P.Pravallika, D/o. P.Raja, Aged about 32 years, Occ: Assistant
Professor, Department of Physiology Shridevi Institute of Medical
Sciences & Research Hospital R/o. House No.1, Staff Quarters
Shridevi Institute of Medical Sciences and Research Hospital, Sira
Road, Lingapura, Tumkur, Karnataka - 572101.
7. Dr.B.A.Madhuri, D/o. B.Bala Swamy Reddy, aged about 38 years, Occ:
Associate Professor, Department of Physiology, RVM institute of
Medical Sciences and Research Centre, R/o. Flat No.305, B-Block, Sri
Sai Anurag NEW Town, Phase-1, Near Ambedkar Statue, Tumkunta,
Hyderabad 500078.
8. Dr. G. Bhanu Prakash, S/o G. Annaiah, aged about 42 years, Occ:
Associate Professor, Department of Physiology, Sri Balaji Medical
College Hospital and Research Institute, R/o. 15-80, No-401, Mallik
Apartment, Padmavati Nagar, Mahila University Road, Behind Pratap
Palace Apartment, Tirupati - 517502
...PETITIONERS
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical and Family Welfare Department, V- Block, Ground
Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Old Govt General Hospital
Campus, Vijayawada, Krishna District.
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3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'^^ Floor, PHYCARE Building, Mangagiri, Guntur
District.
4. The Union of India, rep by its Secretary, Ministry of Health & Family
Welfare, Krishi Bhavan, New Delhi.
5. The National Medical Commission, Rep by its Chairman, Pocket No.4,
Sector 8, Owaraka Phase-1, New Delhi-110077.
...RESPONDENTS:
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
WRIT OF MANDAMUS declaring the action of the respondents more
particularly respondent No.2 and 3 in declaring the petitioners as ineligible
candidate's for the post of Assistant Professor of Anatomy and Physiology
under the Notification No.02/2023, dated 14.07.2023 for recruitment for the
posts of Assistant Professors through Direct Recruitment and Lateral Entry
(Regular and Limited Recruitment) on the ground that "Senior Residency (SR)
Not Completed/Enclosed", even though the Senior Residency (SR) is not
required to be submitted for the post of Assistant Professor of Anatomy and
Physiology and further in not selecting/appointing the petitioners for the post
of Assistant Professor of Anatomy and Physiology under the Notification
dated 14.07.2023 and Order vide
No.02/2023,
No.02/2023-1, dated
Rc.No.02(WP.21631)/APMSRB/Notificatlon
27.10.2023 issued by the respondent No.3 herein", is illegal, arbitrary,
unconstitutional and contrary to regulations of Andhra Pradesh Medical
Education Service Rules (G.O.Ms.No. 154, Health, Medical & Family Welfare
(A2), 4' May, 2002), Minimum Qualification for Teachers in Medical
Institutions Regulations, 1998 (Amended upto 8^'^ June, 2017) & Public Notice
vide proceedings Lr.Rc.No.999-2/E11B/2022, dated 29.08.2022 issued by the
respondent No.2 and consequently direct the respondents to appoint/select
the petitioners for the post of Assistant Professor of Anatomy and Physiology
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under Notification No.02/2023, dated 14.07.2023 without insisting/ seeking the
production of Senior Residency.
(Main Prayer is amended/substituted as per the Court's Order, dated
17.06.2025, vide Order passed in IA.No.5 of 2023 in WP.No.21631 of 2023)
lA No: 1 OF 2023
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
stay all further proceedings of Notification No.02/2023, dated 14.07.2023
issued by the respondents for recruitment for the posts of Assistant Professors
through Direct Recruitment and Lateral Entry (Regular and Limited
Recruitment) in respect of selection and appointment for the post of Assistant
Professor of Anatomy and Physiology, pending disposal of the Writ Petition.
lA No: 2 OF 2023
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 respondents to consider case of the petitioners for the post of
Assistant Professor of Anatomy and Physiology under Notification
No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant
Professors through Direct Recruitment and Lateral Entry (Regular and Limited
Recruitment), without insisting for production of senior residency certificates,
pending disposal of the Writ Petition.
lA No: 3 OF 2023
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 respondents to appoint the petitioners for the post of Assistant
Professor of Anatomy and Physiology in the Notification No.02/2023, dated
14-07-2023 for recruitment for the posts of Assistant Professors through Direct
Recruitment and Lateral Entry (Regular and Limited Recruitment) without
insisting the petitioners to submit the senior residency certificate, pending
disposal of the Writ Petition.
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lA No: 4 OF 2023
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
stay all further proceedings of Final Merit List dated 25-08-2023 in Notification
No.2/2023, dated 14-07-2023 issued by the respondents for recruitment for
the posts of Assistant Professors through Direct Recruitment and Lateral Entry
(Regular and Limited Recruitment) pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
APHC010122752023
WRIT PETITION No: 6838 OF 2023
Between:
K.Santhi, D/o.Rajagopal Reddy, Aged about 37 years, Occ: Assistant
Professor of Anatomy, Narayana Medical College, Nellore, R/o. Door
No.25-3-849, 8*^ Street, Nethaji Nagar, Podalakur Road, Nellore, SPSR
Nellore District.
...PETITIONER
AND
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1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS:
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 action of the respondent
No.2 in keeping the petitioner in the ineligible list while publishing the Final
Merit List, dated 23.12.2022, stating that, the petitioner have not submitted
Senior Resident Certificate, eventhough, the same is not required to be
submitted and the consequential Selection List, dated 01.01.2023 wherein it
has been mentioned against the Roaster Point No.31 which is a backlog
vacancy reserved for OC-(HH) that no eligible candidate is available,
eventhough, as per Rule 22 of Andhra Pradesh State and Subordinate
Service Rules, 1996 the same has to be converted into a open competition
vacancy and the petitioner is fully eligible and qualified as per the Teachers
Eligibility Qualification in Medical Institutions Regulations, 2022 and the
Corrigendum, dated 29.08.2022 issued by him to be appointed as the
Assistant Professor of Anatomy in pursuance of the Notification No.6/2022
(August-2022), dated 05.08.2022 issued by him as arbitrary, illegal quite
contrary to the Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022 and Corrigendum, dated 29.08.2022 and also the well
established legal principles apart from being violative of the fundamental rights
guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and
consequently direct the respondent No.2 to appoint me as the Assistant
Professor of Anatomy (Non-Clinical) by declaring me as eligible against
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backlog vacancy reserved for OC(HH) as per Rule 22 of the Andhra Pradesh
State and Subordinate Service Rules, 1996.
\A No: 1 OF 2023
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 respondent No.2 to reserve the post of the Assistant Professor of
Anatomy (Non-Clinical) in pursuance of the Notification No.8/2022, dated
01.12.2022 issued by him against roaster Point No. 1/31 against backlog
vacancy reserved for OC(HH) as per Rule 22 of the Andhra Pradesh State
and Subordinate Service Rules, 1996, pending disposal of the above Writ
Petition.
Counsel for the Petitioner: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SERVICES-IV
APHC010339202023
WRIT PETITION No: 17406 OF 2023
Between:
Muriki Naresh Kumar, S/o.Venkatasubbaih, Aged about 37 years, Occ:
Assistant Professor of Bio-Chemistry, Santi Rao Medical College and General
Hospital, Nandyal, R/o. D.No.9/107, Gandhi Road, Vempalli, YSR District.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
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Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 action of the respondent
No.2 in keeping the petitioner in the ineligible list while publishing the Final
Merit List through the proceedings in Rc.No.2222/E11-B/2022, dated
16.12.2022, stating that, he has not submitted Senior Resident Certificate,
eventhough, the same or post PhD experience is not required to be submitted
and the consequently not considering the petitioners candidature in the Phase
III Selection and Counselling List for the Notification No.8/2022, dated
01.12.2022 stating that no eligible candidate is available for Roaster Point
No.32 reserved for Economically Weaker Section Selection List, dated
22.06.2023, eventhough, the petitioner is fully eligible and qualified as per the
Teachers Eligibility Qualification in Medical Institutions Regulations, 2022 and
the Corrigendum, dated 29.08.2022 issued by him to be appointed as the
Assistant Professor of Biochemistry in pursuance of the Notification
No.8/2022, dated 01.12.2022 issued by him as arbitrary, illegal quite contrary
to the Teachers Eligibility Qualifications in Medical Institutions Regulations,
2022 and Corrigendum, dated 29.08.2022 and also the well established legal
principles apart from being violative of the fundamental rights guaranteed to
the petitioner under Articles 14, 19 and 21 of the Constitution of India and
consequently direct the respondent No.2 to appoint me as the Assistant
Professor of Biochemistry (Non-Clinical) by declaring the petitioner as eligible
against vacancy reserved for EWS, Roaster point. 2/32 as per Rule 22 of the
Andhra Pradesh State and Subordinate Service Rules, 1996.
lA No: 1 OF 2023
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 respondent No.2 to reserve the post of the Assistant Ptofessoi of
Biochemistry (Non-Clinical) in pursuance of the Notification No.8/2022, dated
01.12.2022 issued by him against roaster Point No.2/32 against vacancy
9
reserved for Economically Weaker Section (EWS) as per Rule 22 of the
Andhra Pradesh State and Subordinate Service Rules, 1996, pending
disposal of the above Writ Petition.
Counsel for the Petitioner: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SERVICES-IV
APHC010358992023
■ u
WRIT PETITION No: 18405 OF 2023
Between:
1. Dr. Parades! Naidu Adireddi, S/o.Adireddi Akku Naidu, Aged about 42
Years, Occ; Tutor in Dept of Microbiology, Government Medical
College, Anantapuramu R/o. Block -2F-6, Jesus Nagar, Anantapur,
Anantapur District.
2. Dr.Aravadasari. Suneel Kumar, S/o. A. Ramacha, Aged about 42 Years
Occ: Govt Tutor in Dept of Microbiology, Government Medical College,
Ananthapur, R/o. Teaching Staff Quarters, Jesus Nagar, Anantapur,
Andhra Pradesh.
3. Dr.Rajya Lakshmi Nakka, W/o. Satya Siva Sankar Mocharla, Aged
about 39 Years, Occ: Govt Tutor in Dept of Pharmacology, Siddarth
Medical College, Vijayawada R/o. Flat No.102, LMR Apartment,
Income Tax Officers Colony, Near Kamineni Hospital, Kanuru,
Vijayawada.
...PETITIONERS
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical and Family Welfare Department, V- Block, Ground
Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur
District.
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2. The Directorate of Medicai Education, Oid Govt General Hospital
Campus, Vijayawada, Krishna District.
3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangagiri, Guntur
District.
4. The Union of India rep by its Secretary, Ministry of Health and family
Welfare, Department of Health & Family Welfare, Nirman Bhavan,
New Delhi.
5. The National Medical Commission, Rep by its Chairman Pocket No.4,
Sector 8, Dwaraka Phase-1, New Delhi-110077.
...RESPONDENT
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
WRIT OF MANDAMUS declaring the Notification No.02/2023, dated
14.07.2023 issued by the respondents for recruitment for the posts of
Assistant Professors through Direct Recruitment and Lateral Entry (Regular
and Limited Recruitment) with eligibility criteria being MD/MS/DNB/DM/MD as
qualification and excluding the candidates M.Sc with Ph.D from the eligible
qualification criteria to the post of Microbiology and Pharmacology in the
Notification No.02/2023, dated 14.07.2023 as illegal, arbitrary, unconstitutional
and contrary to regulations of Andhra Pradesh Medical Education Service
Rules (G.O.Ms.No. 154, Health, Medical and Family Welfare (A2), 4^^ May,
2002), Public Notice No. 20910 (Legal)/2022, Dated 29.03.2022 of National
Medical Commission and its Corrigendum dated 06.04.2022 and Order dated
03 01 2022 vide No V.11013/10/2021-ME-l (FTS 0.8114849) and Order dated
22.06.2023 vide No.V.1013/10/2021- ME-I (FTS-8114849), Government of
India, Ministry of Health and Family Welfare, Department of Health & Family
Welfare, New Delhi and consequently set aside the Notification No.02/2023,
dated 14.07.2023 issued by the respondents for recruitment for the posts of
Assistant Professors through Direct Recruitment and Lateral Entry (Regular
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and Limited Recruitment) and by declaring the petitioners are fully eligible and
entitled to be considered, selected and appointed for the post of Assistant
Professor in the Microbiology and Pharmacology Department with the
qualification of M.Sc with Ph.D.
lA No: 1 OF 2023
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
stay all further proceedings of Notification No.02/2023, dated 14.07.2023
issued by the respondents for recruitment for the posts of Assistant Professors
through Direct Recruitment and Lateral Entry (Regular and Limited
Recruitment) in respect of application, selection and appointment to the post
of Assistant Professor of Microbiology and Pharmacology, pending disposal of
the Writ Petition.
lA No: 2 OF 2023
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 respondents to receive the applications of the petitioners and
process the same for the post of Assistant Professor of Microbiology and
Pharmacology in the Notification No.02/2023, dated 14.07.2023 for
recruitment for the posts of Assistant Professors through Direct Recruitment
and Lateral Entry (Regular and Limited Recruitment) in consonance with the
Order dated 22.06.2023 vide No.V. 1013/10/2021- ME-I (FTS-8114849),
Government of India, Ministry of Health and Family Welfare, Department of
Health and Family Welfare, New Delhi and without insisting for one year of
senior residency, pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
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Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
APHC010418272023
WRIT PETITION No: 21659 OF 2023
Between:
1. Dr. Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about
35 years, Occ; Assistant Professor in Physiology, Narayana Medical
College, Nellore, SPSR Nellore District, R/o. Door No.2-31, Opp: Circar
Paper Mill, Kodurupadu Village, Nellore Rural, SPSR Nellore District.
2. Dr.John Preetham Kumar.G, S/o. Paul Timothy, Aged about 42 years,
Occ; Un-employed, R/o.Door No.14/21, ICS Road, Guduru, SPSR
Nellore District-524101.
3. Samanchi Rupesh, S/o.S.Ananda, Aged about 34 years, Occ; Tutor,
AIIMS Mangalgiri, Presently residing at 2"^^ Floor, H.No.3-281/2, Sai
Geeta Nilayam, Srinivasa Colony Welfare Society, Near APSP
Battalion, Atmakur, Mangalgiri, Guntur District.
4. K.Santhi, D/o.Rajagopal Reddy, Aged about 37 years, Occ; Assistant
Professor of Anatomy, Narayana Medical College, Nellore, R/o. Door
No.25-3-849, 8^^ Street, Nethaji Nagar, Podalakur Road, Nellore, SPSR
Nellore District.
5. Muriki Naresh Kumar, S/o.Venkatasubbaih, Aged about 37 years, Occ;
Assistant Professor of Bio-Chemistry, Santi Rao Medical College and
General Hospital, Nandyal, R/o. D.No.9/107, Gandhi Road, Vempalli,
YSR District.
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6. Dr.M.Prasad, S/o. Late.M.Krishnaiah, Aged about 37 years, Occ:
Associate Professor in Bio-chemistry, Narayana Medical College,
Nellore, SPSR Nellore District, R/o.D.No.4/1329, Ramachandrapura m,
Nawabpeta, Nellore, SPSR Nellore District.
...PETITIONERS
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 MCI, Rep., by its
Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New
Delhi, India.
4. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangalgiri, Guntur
District.
5. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ order or direction more particularly one in
nature of WRIT OF MANDAMUS declaring the Notification No.2/2023, dated
14.07.2023 issued by the respondents No.4 and 5 inviting applications for
appointment to the post of the Assistant Professors in the Departments of
Anatomy, Physiology and Bio-Chemistry without earmarking thirty (30) percent
of tlie total iiui!ibfc;i posts id the eeid Depcu tiiiedls as ib piuvided undei Clause
2 of Schedule 1 of the Minimum Qualifications for Teachers in Medical
Institutions Regulations, 1998 and also refusing to consider petitioners
14
candidature for the post of the Assistant Professors in the Departments of
Anatomy, Bio-Chemistry and Physiology on the ground that they have not
submitted the Senior Residency Certificates, eventhough, the same is not
required to be submitted as arbitrary, illegal, quite contrary to the Minimum
Qualifications for Teachers in Medical Institutions Regulations, 1998, the
Andhra Pradesh Medical Education Service Rules, 2002, the order, dated
03.01.2022 issued by the respondent No.1 and the Public Notice
No.20910(Legal)/2022/dated 29.03.2022and also the affidavit filed by the
respondent No.3 in W.P.(Civil) No.9115 of 2020 on the file of Hon'ble High
Court of Delhi at New Delhi and Public Notice, dated 29.08.2022 issued by the
respondent No.5 and well established legal principles apart from being
violative of the fundamental rights guaranteed to the petitioners under Articles
14, 19 and 21 of the Constitution of India and consequently direct the
respondents No.4 & 5
(a) to ear mark thirty (30) percent of the total number posts of the
Assistant Professors in the Departments of Anatomy, Physiology and Bio-
Chemistry for candidates having M.Sc., (Medical Anatomy)/ M.Sc., (Medical
Physiology)/ M.Sc., (Medical Biochemistry) on regular mode with PhD in
Medical Anatomy/Medical Physiology/Medical Biochemistry on Regular
Modeas is provided under Clause 2 of Schedule I of the Minimum
Qualifications for Teachers in Medical Institutions Regulations, 1998.
(b) to appoint the petitioners as the Assistant Professors in the
Departments of Anatomy, Physiology and Bio-Chemistry basing on their merit
without insisting to produce the Senior Residency Certificates.
lA No: 1 OF 2023
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 respondent No.3 to earmark thirty (30) percent of the total number of
posts available in the post of the Assistant Professors in the Department of
Anatomy, Bio-Chemistry and Physiology for candidates having M.Sc.,
(Medical Anatomy)/ M.Sc., (Medical Physiology)/ M.Sc (Medical
15
Biochemistry) on regular mode with PhD in Medical Anatomy/Medica l
Physiology/Medical Biochemistry on Regular Mode, pending disposal of the
above Writ Petition and pass
lA No: 2 OF 2023
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 respondent No.5 to consider petitioners candidature for appointment
to the posts of the Assistant Professors in the Department of Anatomy, Bio-
Chemistry and Physiology without insisting us to submit the Senior Residency
Certificates, pending disposal of the above Writ Petition.
lA No: 3 OF 2023
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
suspend the operation of the Final Merit List, dated 25.08.2023 issued by the
respondent No.4 pending final disposal of the above Writ Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent No.1: SRI O.UDAYA KUMAR, CENTRAL
GOVT COUNSEL
Counsel for the Respondent No.3: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
Counsel for the Respondent No.4: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent Nos.2 & 5: SRI V.RAMESH, GP FOR
SEVICES-IV
16
APHC010435682023
WRIT PETITION No: 22491 OF 2023
Between;
Bonala Shahjeer, S/o. Bonala Bashu Sab, Aged about 44 years, Occ: Tutor,
R/o. G6 Block 1 Teaching Staff Quarters, G.M.C, Jesus Nagar, Ananthapur
District.
...PETITIONER
AND
1. The State of Andhra Pradesh, represented by It's Principal Secretary,
Health Medical & Family Welfare Department, Secretariat, Velagapudi,
Amaravathi, Guntur District.
2. The Director of Medical Education, Old Govt Genral Hospital Campus,
Vijayawada, Krishna District.
3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangalgiri, Guntur
District.
4. The Union of India, Rep by its Secretary, Ministry of Health and Family
Welfare, Krishi Bhavan, New Delhi.
5. The National Medical Commission, Rep by its Chairman, Pocket No. 4,
Sector 8, Dwaraka Phase-I, New Delhi- 110077.
...RESPONDENTS;
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 action of respondents
more particularly respondents No. 2 and 3 in rejecting the candidature of
petitioner for the post of Assistant Professor. Anatomy under the Notification
No. 2/2023, dt. 14.07.2023 for recruitment to the post of Assistant Professors
through direct recruitment and lateral entry (Regular and Limited Recruitment)
17
on the ground that Senior Residency (SR) is Not Enclosed by the petitioner
contrary to the Minimum Qualifications for Teachers in Medical Institutions
Regulations, 1998 (Amended upto June, 2017) and contrary to public
notice vide proceedings Lr.Rc.No.999-2/El IB/2022, dt. 29.08.2022 issued by
the 2nd respondent as illegal, arbitrary and violative of Articles 14 and 16 of
the Constitution of India and also violative of the Principles of natural justice
and consequently set aside the same by declaring that the petitioner is entitled
for the post of Assistant Professor Anatomy in view of his eligibility.
lA No: 1 OF 2023
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 respondents to consider the case of the petitioner for the post of
Assistant Professor in the Department of Anatomy in Notification No. 02/2023
dt. 14.07.2023 pending disposal of Writ Petition.
Counsel for the Petitioner; SRI MADHU SUDANA SAI RAM ASADI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent No.4: SRI O.UDAYA KUMAR, CENTRAL
GOVT COUNSEL
Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
18
APHC010435482023
WRIT PETiTiON No: 22582 OF 2023
Between;
Ravi Babu Katuri, S/o. K.Yacob, aged about 35 Years, Occ; Tutor of
Physiology, AIIMS, Mangalagiri R/o. Flat No.202, Damarla Hill View, Sri
Srinivasa Colony Welfare Society, Mangalagiri, Guntur District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical & Family Welfare Department, V- Block, Ground Floor
Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District.
2. The Directorate of Medical Education, Old Govt General Hospital
Campus, Vijayawada, Krishna District.
3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'"'^ Floor, PHYCARE Building, Mangalagiri, Guntur
District.
4. The Union of India, rep by its Secretary, Ministry of Health and family
Welfare, Krishi Bhavan, New Delhi.
5. The National Medical Commission, Rep by its Chairman Pocket No.4,
Sector 8, Dwaraka Phase-1, New Delhi-110077.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
WRIT OF MANDAMUS declaring the action of the respondents more
particularly respondent No.2 and 3 in declaring the petitioner as ineligible
candidate for the post of Assistant Professor of Physiology under the
Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of
19
Assistant Professors through Direct Recruitment and Lateral Entry (Regular
and Limited Recruitment) on the ground that "Senior Residency is Mandatory
for all the clinical and non-clinical specialties. Tutor is not equivalent to SR.,
Hence not eligible", even though the Senior Residency (SR) is not required to
be submitted for the post of Assistant Professor of Physiology and further in
not selecting/appointing the petitioner for the post of Assistant Professor of
Physiology under the Notification No.02/2023, dated 14.07.2023 "and Order
vide Rc.No.02(WP.22562)/APMSRB/Notiflcation No.02/2023-1, dated
27.10.2023 issued by the respondent No.3 herein" is illegal, arbitrary,
unconstitutional and contrary to regulations of Andhra Pradesh Medical
Education Service Rules (G.O.Ms.No. 154, Health, Medical 8 Family Welfare
(A2), 4'^ May, 2002), Minimum Qualification for Teachers in Medical
Institutions Regulations, 1998 (Amended upto 8*'' June, 2017) 86 Teachers
Eligibility Qualifications in Medical Institutions Regulations, 2022 and
consequently direct the respondents to appoint/select the petitioner for the
post of Assistant Professor of Physiology under Notification No.02/2023, dated
14.07.2023 without insisting/ seeking the production of Senior Residency
Certificate from the petitioner.
(Main Prayer is Amended/Substituted as per the Court's Order dated
17.06.2025, vide Order passed in IA.No.3 of 2023 in WP.No.22562/2023.)
lA No: 1 OF 2023
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
stay all further proceedings of Notification No.02/2023, dated 14.07.2023
issued by the respondents for recruitment for the post of Assistant Professors
through Direct Recruitment and Lateral Entry (Regular and Limited
Recruitment) in respect of selection and appointment for the post of Assistant
Professor of Physiology, pending disposal of the Writ Petition.
lA No: 2 OF 2023
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 respondents to appoint the petitioner, for the post of Assistant
20
Professor of Physiology under Notification No.02/2023, dated 14.07.2023 for
recruitment for the posts of Assistant Professors through Direct Recruitment
and Lateral Entry (Regular and Limited Recruitment), without insisting the
petitioner to submit the senior reside i lO
y certificate, pending disposal of the
Writ Petition.
Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
APHC010447022023
WRIT PETITION No: 23128 OF 2023
Between:
Dr.Swathi Kanuparthy, W/o. N.Kishore Kumar Reddy, aged about 37 Years,
R/o.D.No.107/63, Chinna Machu Palli Village, Chennur Mandal, YSR
(Kadapa) District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical and Family Welfare Department, V- Block, Ground
Floor Room No. 157, Arnaravati, A.P Secretariat, Velagapudi, Guntur
District.
21
2. The Directorate of Medical Education, Old Govt General Hospital
Campus, Vijayawada, Krishna District.
3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, Floor, PHYCARE Building, Mangalagiri, Guntur
District.
4. The Union of India, rep by its Secretary, Ministry of Health & Family
Welfare, Krishi Bhavan, New Delhi.
5. The National Medical Commission, Rep by its Chairman Pocket No.4,
Sector 8, Dwaraka Phase-1, New Delhi-110077.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
WRIT OF MANDAMUS declaring the action of the respondents more
particularly respondent No.2 and 3 in declaring the petitioner as ineligible
candidate for the post of Assistant Professor of Physiology under the
Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of
Assistant Professors through Direct Recruitment and Lateral Entry (Regular
and Limited Recruitment) on the ground that "Senior Residency (SR) is
Mandatory for all the clinical and non-clinical specialties including Physiology.
Hence not eligible" and further in not awarding weightage marks for the
contract service of the petitioner in Rajiv Gandhi Institute of Medical Sciences,
Kadapa as provided under Clause 7 (H) of the Notification No.02/2023, dated
14.07.2023 and further in not appointing/selecting the petitioner for the post of
Assistant Professor of Physiology under the Notification No.02/2023, dated
14.07.2023 and order vide Rc.No.02(WP.23128)/APMSRB/Notification
No.02/2023-1, dated 27.10.2023 issued by the respondent No.3 herein" is
illegal, arbitrary, unconstitutional and contrary to regulations of Andhra
Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical
& Family Welfare (A2), 4**^ May, 2002), Minimum Qualification for Teachers in
th
Medical Institutions Regulations, 1998 (Amended upto 8 June, 2017).
22
Teachers Eiigibiiity Qualifications in Medical Institutions Regulations, 2022 &
Memo vide No.5549/A1/2015, dated 25.05.2015 of Health Medical and Family
Welfare (A1) Department and consequently direct the respondents to appoint/
select the petitioner for the post of .Assistant Professor of Physiology under
Notification No.02/2023, dated 14.07.2023 by awarding the weightage marks
for the contract service of the petitioner and without insisting/seeking the
production of Senior Residency Certificate from the petitioner.
(Main Prayer is Amended/Substituted as per the Court's Order dated
17.06.2025, vide Order passed in IA.No.3 of 2023 in WP.No.23128 of
2023.)
lA No: 1 OF 2023
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
stay all further proceedings of Notification No.02/2023, dated 14.07.2023
issued by the respondents for recruitment for the post of Assistant Professors
through Direct Recruitment and Lateral Entry (Regular and Limited
Recruitment) in respect of selection and appointment for the post of Assistant
Professor of Physiology, pending disposal of the Writ Petition.
lA No: 2 OF 2023
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 respondents to appoint the petitioner for the post of Assistant
Professor of Physiology under Notification No.02/2023, dated 14.07.2023 for
recruitment for the posts of Assistant Professors through Direct Recruitment
and Lateral Entry (Regular and Limited Recruitment) by adding/ awarding the
weightage of 8 marks and without insisting the petitioner to submit the senior
residency certificate, pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
23
Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
APHC010449472023
WRIT PETITION No: 23258 OF 2023
Between:
Dr.V. Praveen Kumar, S/o. V. Narasimhulu, Aged about 41 years, Occ:
Associate Professor of Microbiology Chalmeda Anand Rao Institute of
Medical Sciences, Bommakal Village, Karimnagar, Telangana-505 001, R/o.
D.No. 19-4-140/1, STV Nagar, Near Samsung Service Center, Mathamma
Temple, Tirupathi -517501.
...Petitioner
AND
1.
The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical and Family Welfare Department, V- Block, Ground
Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Old Govt General Hospital
Campus, Vijayawada, Krishna District.
3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'^^ Floor, PHYCARE Building, Mangagiri, Guntur
District.
4.
The Union of India, Rep by its Secretaiy, Ministi-y of Healtli AND family
Welfare, Krishi Bhavan, New Delhi.
24
5. The National Medical Commission, Rep by its Chairman Pocket N r\ A
w."r
Sector 8, Dwaraka Phase-1, New Delhi-110077.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
WRIT OF MANDAMUS challenging the Order vide
Rc.No.02/APMSRB/Recruitment No.02/2023-4, dated 25.08.2023 passed by
the respondent No.3 in declaring the petitioner as ineligible to the post of
Assistant Professor of Microbiology under the Notification No.02/2023, dated
14.07.2023 for recruitment for the posts of Assistant Professors through Direct
Recruitment and Lateral Entry (Regular and Limited Recruitment) on the
ground that the petitioner doesn't have the qualification of MD in Microbiology
and further one year senior residency is not completed is illegal, arbitrary,
unconstitutional and violative of Articles 14 and 16 of the Constitution of India
and also violative of the principles of natural justice and contrary to regulations
of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154,
Health, Medical 8 Family Welfare (A2), 4'^ May, 2002), Public Notice No.
20910 (Legal)/2022, Dated 29.03.2022 of National Medical Commission and
its Corrigendum dated 06.04.2022 and Order dated 03.01.2022 vide
No.V.11013/10/2021-ME-I (FTS 0.8114849) and Order dated 22.06.2023 vide
No.V.1013/ 10/2021-ME-l (FTS-8114849), Government of India, Ministry of
Health & Family Welfare, Department of Health & Family Welfare, New
Delhiand consequently set aside the Order vide
Rc.No.02/APMSRB/Recruitment No.02/2023-4, dated 25.08.2023 passed by
the respondent No.3, by directing the respondents to appoint the petitioner for
the post of Assistant Professor of Microbiology under the Notification
No.02/2023, dated 14.07.2023 with the qualification of M.Sc with Ph.D and
without insisting of one year senior residency.
25
lA No: 1 OF 2023
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
stay all further proceedings of Final Merit List dated 25.08.2023 in Notification
No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for
the posts of Assistant Professors through Direct Recruitment and Lateral Entry
(Regular and Limited Recruitment), pending disposal of the Writ Petition.
lA No: 2 OF 2023
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
suspend the Order vide Rc.No.02/APMSRB/RecruitmentNo.02/2023-4, dated
25.08.2023 passed by the respondent No.3 by directing the respondents to
select and appoint the petitioner for the post of Assistant Professor of
Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment
for the posts of Assistant Professors through Direct Recruitment and Lateral
Entry (Regular and Limited Recruitment), without insisting of one year senior
residency, pending disposal of the Writ Petition.
lA No: 3 OF 2023
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 respondents to reserve one post of Assistant Professor of
Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment
for the posts of Assistant Professors through Direct Recruitment and Lateral
Entry (Regular and Limited Recruitment), pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
26
Counsel for the Respondent No.5; Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
APHC010449392023
WRIT PETITION No: 23848 OF 2023
Between:
Dr. P. Vamsi Muni Krishna, S/o. P.Rama Krishna Murthy, aged about 39
Years, Occ: Assistant Professor of Microbiology, Sri Balaji Medical College
Hospital & Research Institute, Renigunta, Tirupati N/o. H.No.7-41,Nehru
Bazar, Piler, Annamayya District.
...PETITIONER
AND
1.
The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical and Family Welfare Department, V- Block, Ground
Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Old Govt General Hospital
Campus, Vijayawada, Krishna District.
3.
The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3"^^ Floor, PHYCARE Building, Mangagiri, Guntur
District.
4.
The Union of India, rep by its Secretary, Ministry of Health and family
Welfare, Krishi Bhavan, New Delhi.
5.
The National Medical Commission, Rep by its Chairman Pocket No.4,
Sectors, Dwaraka Phase-1, New Delhi-110077.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
27
WRIT OF MANDAMUS challenging the Order vide Rc.No.02/APMSRB/
Recruitment No.02/2023-5, dated 25.08.2023 and Order vide
Rc.No.02(WP.23848)/APMSRB/Notification No.02/2023-1, dated
27.10.2023" passed by the respondent No.3 in declaring the petitioner as
ineligible to the post of Assistant Professor of Microbiology under the
Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of
Assistant Professors through Direct Recruitment and Lateral Entry (Regular
and Limited Recruitment) on the ground that the petitioner doesn't have the
qualification of MD in Microbiology and further one year senior residency is not
completed is illegal, arbitrary, unconstitutional and violative of Articles 14 and
16 of the Constitution of India and also violative of the principles of natural
justice and contrary to regulations of Andhra Pradesh Medical Education
th
Service Rules (G.O.Ms.No. 154, Health, Medical and Family Welfare (A2), 4
May, 2002), Public Notice No. 20910 (Legal)/2022, Dated 29.03.2022 of
National Medical Commission and its Corrigendum dated 06.04.2022 and
Order dated 03.01.2022 vide No.V.11013/10/2021- ME-I (FTS 0.8114849) and
Order dated 22.06.2023 vide No .V.1013 / 10 / 2021-ME-l (FTS-8114849),
Government of India, Ministry of Health and Family Welfare, Department of
Health and Family Welfare, New Delhi and consequently set aside the Order
vide Rc.No.02/APMSRB/Recruitment No.02/2023-5, dated 25.08.2023 "and
Order vide Rc.No.02(WP.23848)/APMSRB/Notification No.02/2023-1,
dated 27.10.2023" passed by the respondent No.3, by directing the
respondents to appoint the petitioner for the post of Assistant Professor of
Microbiology under the Notification No.02/2023, dated 14.07.2023 with the
qualification of M.Sc with Ph.D and without insisting of one year senior
residency and by placing the petitioner under the social status of Economically
Weaker Section.
(Main Prayer is amended/substituted as per Court's Order dated
17.06.2025, vide Order passed in IA.No.4 of 2023)
28
lA No: 1 OF 2023
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
stay all further proceedings of Final Merit List dated 25.08.2023 in Notification
No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for
the posts of Assistant Professors through Direct Recruitment and Lateral Entry
(Regular and Limited Recruitment), pending disposal of the Writ Petition.
lA No: 2 OF 2023
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
suspend the Order vide Rc.No.02/APMSRB/Recruitment No.02/2023-5, dated
25.08.2023 passed by the respondent No.3 by directing the respondents to
select and appoint the petitioner for the post of Assistant Professor of
Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment
for the posts of Assistant Professors through Direct Recruitment and Lateral
Entry (Regular and Limited Recruitment), without insisting of one year senior
residency and by placing the petitioner under the social status of Economically
Weaker Section, pending disposal of the Writ Petition.
lA No: 3 OF 2023
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 respondents to reserve one post of Assistant Professor of
Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment
for the posts of Assistant Professors through Direct Recruitment and Lateral
Entry (Regular and Limited Recruitment), pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent No.3; Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
29
Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI
VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK
CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION
APHC010485452023
V?
WRIT PETITION No: 25151 OF 2023
Between:
Dr. M. Prasad, S/o. Late.M.Krishnaiah, Aged about 37 years, Occ. Associate
Professor in Bio-chemistry, Narayana Medical College, Nellore, SPSR Nellore
District, R/o.D.No.4/1329, Ramachandrapuram, Nawabpeta, Nellore, SPSR
Nellore District.
...PETITIONER
AND
1. The Union of India, 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 MCI, Rep., by its
Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New
Delhi, India.
4. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangagiri, Guntur
District.
5. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
30
Petition under Article 226 of the Constitution of india praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ order or direction more particularly one in
nature of WRIT OF MANDAMUS declaring Notification No.6/2022 (.August-
2022), dated 05.08.2022 issued by the respondents No. 5 inviting applications
for appointment to the post of the Assistant Professors in the Departments of
Bio-Chemistry without earmarking thirty (30) percent of the total number posts
in the Department of Bio-Chemistry as is provided under Clause 2 of Schedule
1 of the Minimum Qualifications for Teachers in Medical Institutions
Regulations, 1998 as arbitrary, illegal, quite contrary to the Minimum
Qualifications for Teachers in Medical Institutions Regulations, 1998, the
Andhra Pradesh Medical Education Service Rules, 2002, the order, dated
03.01.2022 issued by the - respondent No.2 and the Public Notice
No.20910(Legal)/20221 dates 29.03.2022 and also the affidavit filed by the
respondent No.3 in W.P.(Civil) No.9115 of 2020on the file of Hon'ble High
Court of Delhi at New Delhi and Public Notice, dated 29.08.2022 issued by the
respondent No.5 and well established legal principles apart from being
violative of the fundamental rights guaranteed to the petitioner under Articles
14. 19 and 21 of the Constitution of India and consequently direct the
respondent No.5 to consider petitioners candidature for appointment to the
post of the Assistant Professor in the Department of Bio-Chemistry by
earmarking thirty (30) percent of the total number posts in the Department of
Bio-Chemistry as is provided under Clause 2 of Schedule I of the Minimum
Qualifications for Teachers in Medical Institutions Regulations, 1998 in
Notification No.6/2022 (August-2022), dated 05.08.2022.
lA No: 1 OF 2023
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 respondent No.3 to earmark thirty (30) percent of the total number of
posts available in the post of the Assistant Professors in the Departm.ent of
Bio-Chemistry for candidates having M.Sc., (Medical Biochemistry) on regular
31
mode with Ph.D in Medical Biochemistry on regular mode, pending disposal of
the above Writ Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 3: SRI O.UDAYA KUMAR,
CENTRAL GOVERNMENT COUNSEL
Counsel for the Respondent No.4: Ms. S.V.BUVANESWARI, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent Nos.2 & 5: SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010550622023
WRIT PETITION No: 28503 OF 2023
Between:
1. Dr. Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about
35 years, Occ: Assistant Professor in Physiology, Narayana Medical
College, Nellore, SPSR Nellore District, R/o. Door No.2-31, 0pp. Circar
Paper Mill, Kodurupadu Village, Nellore Rural, SPSR Nellore District.
2. Dr. John Preetham Kumar. G, S/o. Paul Timothy, Aged about 42 years,
Occ: Un-employed, R/o.Door No.14/21, ICS Road, Guduru, SPSR
Nellore District-524101.
3. Samanchi Rupesh, S/o.S.Ananda. Aged about 34 years, Occ: Tutor,
AIIMS Mangaigiri, Presently residing at 2"^^ Floor, H.No.3-281/2, Sai
Geeta Nilayarn, Srinivasa Colony Welfare Society. Near APSP
Battalion, Atmakur, Mangaigiri, Guntur District.
4. K.Santhi, D/o.Rajagopal Reddy, Aged about 37 years, Occ: Assistant
Professor of Anatomy, Narayana Medical College, Nellore, Rio. Door
No.25-3-849, 8'^ street, Nethaji Nagar, Podalakur Road, Nellore, SPSR
Nellore District.
32
5. Dr.M.Prasad, S/o. Late.M.Krishnaiah, Aged about 37 years, Occ;
Associate Professor in Bio-chemistry. Narayana Medical College,
Nellore, SPSR Nellore District, Rio.D.No.4/1329, Ramachandrapura m,
Nawabpeta, Nellore, SPSR Nellore District.
...PETITIONERS
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 MCI, Rep., by its
Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New
Delhi, India.
4. The Andhra Pradesh Medical Services Recruitment Board, Rep by its
Member Secretary, 3^*^ Floor, PHYCARE Building, Mangagiri, Guntur
District.
5. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ order or direction more particularly one in
nature of WRIT OF MANDAMUS declaring the Order in Re.No.02
(W.P.No.21659)/APMSRB/Notification No.02/2023-1, dated 27.10.2023
passed by the respondent No.4 declaring the petitioners ineligible to be
appointed as the Assistant Professors in the Departments of Anatomy, Bio-
Chemistry and Physiology stating that they have not completed the one ( I)
year of Senior Residency after the completion of M.Sc. with Ph.D and
consequential publication of the revised merit list, dated 14.. for the posts of
33
the Assistant Professors in the Departments of Anatomy, Bio-Chemistry and
Physiology inpursuance of the Notification No.212023, dated 14.07.2023 and
proceeding further to issue orders of appointment as per the said revised
merit list as arbitrary, illegal, colorable exercise of power, quite contrary to the
Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998,
the Andhra Pradesh Medical Education Service Rules, 2002, the Teachers
Eligibility Qualifications in Medical Institutions Regulations, 2022, the order,
dated 03.01.2022 issued by the respondent No.1 and the Public Notice
No.20910 (Legal)/2022/ dated 29.03.2022 and also the affidavit filed by the
respondent No.3 in W.P.(Civil) No.9115 of 2020on the file of Hon'ble High
Court of Delhi at New Delhi and Public Notice, dated 29.08.2022 issued by the
respondent No.5 and well established legal principles apart from being
violative of the fundamental rights guaranteed to the petitioners under Articles
14, 19 and 21 of the Constitution of India and consequently direct the
respondents No.4 & 5.
(a) to ear mark thirty (30) percent of the total number posts of the
Assistant Professors in the Departments of Anatomy, Physiology and Bio-
Chemistry for candidates having M.Sc., (Medical Anatomy)/ M.Sc., (Medical
Physiology)/ M.Sc., (Medical Biochemistry) on regular mode with PhD in
Medical Anatomy/Medical Physiology/Medical Biochemistry on Regular
Mode as is provided under Clause 2 of Schedule I of the Minimum
Qualifications for Teachers in Medical Institutions Regulations, 1998;
(b) to appoint the petitioners as the Assistant Professors in the
Departments of Anatomy, Physiology and Bio-Chemistry basing on their merit
without insisting to produce the Senior Residency Certificates by setting aside
the Order in Rc.No.02 (W.P.No.21659)/APMSRB/Notification No.02/2023-1,
dated 27.10.2023 passed by the respondent No.4 and also the consequential
revised merit list, dated 27.10.2023.
lA No: 1 OF 2023
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
34
grant stay of all further proceedings inpursuance of the Notification No.2/2023,
dated 14.07.2023 including the issuance of the appointment orders basing on
the revised merit list, dated 27.10.2023, pending disposal of the above Writ
Petition.
Counsel for the Petitioners: SRi V.R.REDDY KOWURi
Counsel for the Respondent Nos.1 & 3: SRI Y.V.ANIL KUMAR, CENTRAL
GOVT COUNSEL
Counsel for the Respondent No.4: Ms. S.V.BUVANESWARl, ANDHRA
PRADESH MEDICAL SERVICES RECRUITMENT BOARD
Counsel for the Respondent Nos.2 & 5: SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010481322022
WRIT PETITION No: 29248 OF 2022
Between:
Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about 34 years,
Occ: Assistant Professor in Physiology, Narayana Medical College, Nellore,
SPSR Nellore District, R/o. Door No.2-31, 0pp. Circar Paper Mill, Kodurupadu
Village, Nellore Rural, SPSR Nellore District.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi , Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
35
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 Public Notice in
Lr.RC.No.999-2/E118/2022, dated 01.09.2022 issued by the respondent No.2
prescribing the eligibility of the Non-Medical person to the post of the Assistant
Professor of Physiology should be M.Sc. Degree with a Ph.D., Degree and
one year experience as Tutor/Demonstrator after obtaining requisite
qualification referring to the decision taken by the Board of Governors in its
25*'^ meeting held on 06.01.2020 that the eligibility of the Non-Medical person
to the posts of Assistant Professors in the Departments of Anatomy,
Physiology, Biochemistry, Microbiology and Pharmacology should be M.Sc.
Degree with Ph.D., Degree and one year experience as Tutor/Demonstrator,
eventhough, the said decision is yet to be given effective after completion of
three (03) years transition period from the date of its meeting i.e., from
06.01.2020, that too after dissolution of Medical Counsel of India and
constitution of National Medical Commission with effect from 25.09.2020 in the
place of Medical Counsel of India and refusing to my candidature for the post
of Assistant Professor of Physiology referring to the same arbitrary, illegal,
quite contrary to the Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022 and the well established legal principles apart from being
violative of the fundamental rights guaranteed to me under Articles 14, 19 and
21 of the Constitution of India and consequently to direct the respondent No.2
to consider the petitioner candidature for the post of Assistant Professor of
Physiology as per Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022 by setting aside the Public Notice in Lr.RC.No.999-
2/El 18/2022, dated 01.09.2022.
lA No: 1 OF 2022
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 respondent No.2 to consider the petitioner candidature for the post
36
of Assistant Professor of Physiology as per the Teachers Eligibility
Qualifications in Medical Institutions Regulations, 2022 in pursuance of the
Notification No.6/2022, dated 05.08.2022, without referring to the public notice
in Lr.RC.No.999-2/E118/2022, dated 01.09.2022 issued by him, pending
disposal of the above Writ Petition.
Counsel for the Petitioners; SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010512352022
WRIT PETITION No: 31372 OF 2022
Between:
Dr.John Preetham Kumar. G, S/o. Paul Timothy, Aged about 41 years, Occ:
Un-employed, R/o.Door No.14/21, ICS Road, Guduru, SPSR Nellore District-
524101.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate writ, order or direction more particularlyone in
the nature of WRIT OF MANDAMUS declaring the action of the respondent
No.2 in rejecting the petitioner candidature for the post of Assistant Professor
37
of Physiology referring that 'Ph.D Certificate not relevant and SR Certificate
not submitted' while communicating the provisional merit list through
proceedings in R.C.No.2222/E11B/2022, dated 17.09.2022 issued by him as
arbitrary, illegal and colorable exercise of power, quite contrary to the Teacher
Eligibility Medical Institution Regulations, 2022 and the well established legal
principles apart from being violative of the fundamental rights guaranteed to
him under Articles 14, 19, 21 of the Constitution of India and consequently
declare that the petitioner is eligible to be appointed as the Assistant
Professor of Physiology in pursuance of the Notification No.6/2022 (August,
2022) dated 05.08.2022 issued by the respondent No.2.
lA No: 1 OF 2022
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 respondent No.2 to reserve one post of the Assistant Professor of
Physiology (Non-Clinical) inpursuance of the Notification No.6/2022 (August,
2022) dated 05.08.2022 issued by him, pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010544542022
WRIT PETITION No: 33278 OF 2022
Between:
Dr. Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about 34
years, Occ. Assistant Professor in Physiology, Narayana Medical College,
Nellore, SPSR Nellore District, R/o. Door No.2-31, Opp. Circar Paper Mill,
Kodurupadu Village, Nellore Rural, SPSR Nellore District.
...PETITIONER
AND
38
■ • T.ie Siate of Andhra Pradesh, rep. by its Principai Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi , Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada Krishna District rep..
by its Director.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 action of respondent
No.2 in keeping the petitioner in the ineligible list while publishing the Final
Merit List through the proceedings in Rc.No.2222/E11-B/2022, dated
07.10.2022, in
pursuance of the Notification No.6/2022 (August-2022), dated
05.08.2022, stating that, he has not submitted Senior Resident Certificate,
eventhough, the same is not required to be submitted as per the Teachers
Eligibility Qualification in Medical Institutions Regulations, 2022 and the
Corrigendum, dated 29.08.2022 issued by the respondent No.2 himself as
arbitrary, illegal quite contrary to the Teachers Eligibility Qualifications in
Medical Institutions Regulations, 2022 and Corrigendum, dated 29.08,2022
and also the well established legal principles apart from being violative of the
fundamental irghts guaranteed to the petitioner under Articles 14, 19 and 21 of
the Constitution of India and consequently direct the respondent No.2 to
appoint the petitioner as the Assistant Professor of Physiology (Non-Clinical)
by declaring me as eligible.
lA No: 1 OF 2099
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 respondent No.2 to reserve one post of the Assistant Professor of
Physiology (Non-Clinical) in pursuance of the Notification No. 6/2022 (August,
39
2022), dated 05.08.2022 issued by him, pending disposal of the above Writ
Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2; SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010547102022
WRIT PETITION No: 33412 OF 2022
Between:
Samanchi Rupesh, S/o.S.Ananda. Aged about 33 years, Occ; Tutor, AIIMS
Mangalgiri, Presently residing at 2"^ Floor, H.No.3-281/2, Sai Geeta Nilayam,
Srinivasa Colony Welfare Society, Near APSP Battalion, Atmakur, Mangalgiri
Guntur District.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi , Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh,
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.,
by its Director.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 Provisional Selection List
issued by the respondent No.2 in Rc.No.2222/El 1-B/2022, dated 07.10.2022
by not considering my candidature for the post of the Assistant Professor of
Physiology (Non-Clinical), even-though, I am the most m.eritorious candidate
40
as arbitrary, illegal and colorable exercise of power, quite contrary to the
Teacher Eligibility Medical Institution Regulations, 2022 along with
G.O.Ms.No.154, Andhra Pradesh Medical Service Rules, 2002 and the well
established legal principles apart from being violative of the fundamental rights
guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and
consequently direct the respondent No.2 to appointment me as the Assistant
Professor of Physiology (Non-Clinical)by declaring me as eligible inpursuance
of the Notification No.6/2022 (August, 2022) dated 05.08.2022.
lA No: 1 OF 2022
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
stay all further proceedings inpursuance of Provisional Selection List issued
by the respondent No.2 in Rc.No.2222/E11-B/2022, dated 07.10.2022,
pending disposal of the above Writ Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010552212022
WRIT PETITION No: 33733 OF 2022
Between:
Azmatulla Shaik, S/o. Asudulla Shaik, Aged about 36 years, Occ; Tutor
Shadan Institute of Medical Sciences, Hyderabad, R/o.Door No. 18-4-4,
Stadium Road, Sayyed Khan Street Guntur, Guntur District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi , Guntur
District.
41
2. The Directorate of Medical Education, Government of Andhra Pradesh
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.
by its Director.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 action of the respondent
No.2 in keeping the petitioner in the ineligible list while publishing the Final
Merit List through the proceedings in Rc.No.2222/E11-B/2022, dated
07.10.2022, stating that, he has not submitted Senior Resident Certificate,
eventhough, the same is not required to be submitted and the consequential
Provisional Selection List, dated 07.10.20.22 wherein it has been mentioned
against the Roaster Point No. 19 reserved for BC-E (Shaik) that no eligible
candidate is available, eventhough, the petitioner is fully eligible and qualified
as per the Teachers Eligibility Qualification in Medical Institutions Regulations,
2022 and the Corrigendum, dated 29.08.2022 issued by him to be appointed
as the Assistant Professor of Physiology in pursuance of the Notification
No.6/2022 (August-2022), dated 05.08.2022 issued by him as arbitrary, illegal
quite contrary to the Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022 and Corrigendum, dated 29.08.2022 and also the well
established legal principles apart from being violative of the fundamental rights
guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of
India and consequently direct the respondent No.2 to appoint the petitioner as
the Assistant Professor of Physiology (Non-Clinical) by declaring him as
eligible candidate.
lA No: 1 OF 2022
Petition under Section 151 CPC praying that in the circum,stances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondent No.2 to reserve one post of the Assistant Professor of
Physiology (Non-Clinical) in pursuance of the Notification No.6/2022 (August,
-12
2022), dated 05.08.2022 issued by him, pending disposal of the above Writ
Petition.
lA No: 2 OF 2022
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 respondent No.2 not to convert the seat reserved for BC-E
candidates against the Roaster Point No. 19 into General Category in the post
of the Assistant Professor of Physiology (Non-Clinical) in pursuance of the
Notification No.6/2022 (August, 2022), dated 05.08.2022, pending disposal of
the above Writ Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
APHC010555722022
WRIT PETITION No: 33894 OF 2022
Between:
G. Obulesu, S/o.G.Jayanthama. Aged about 39 years, Occ: Associate
Professor, Government Medical College, Ambikapur, Surguja, Chhattisgarh,
Presently residing at Flat No.2, Type 3, Staff Quarters, Government Medical
College, Ambikapur, Surguja, Chhattisgarh.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical
and Health Department, Secretariat Buildings, Velagapudi , Guntur
District.
2. The Directorate of Medical Education, Government of Andhra Pradesh
Old Govt. General Hospital Campus, Vijayawada, Krishna District rep.
by its Director.
43
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, 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 final selection list
published by the respondent No.2,through the proceedings in
Rc.No.2222/E11-B/2022, dated 13.10.2022 by not considering the petitioner
candidature for the post of the Assistant Professor of Microbiology
eventhough, he is the most meritorious candidate as arbitrary, illegal and
colorable exercise of power, quite contrary to the Teacher Eligibility Medical
Institution Regulations 2022 and Andhra Pradesh Medical Service Rules
2002 and the well established legal principles apart from being violative of the
fundamental rights guaranteed to him under Articles 14, 19 and 21 of the
Constitution of India and consequently direct the respondent No.2 to
the
appointment me as the Assistant Professor of Microbiology by declaring
petitioner as eligible inpursuance of the Notification No.6/2022 (August, 2022)
dated 05.08.2022 and Extension Notification No.6/2022, dated 03.09.2022
issued by him.
lA No: 1 OF 2022
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
stay all further proceedings inpursuance of the final selection list published
through proceedings in Rc.No.2222/El 1-B/2022, dated 07.10.2022 issued by
the respondent No.2, pending disposal of the above Writ Petition.
Counsel for the Petitioners: SRI V.R.REDDY KOWURI
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
44
APHC010583612022
Sji?0
s>
WRIT PETITION No: 35248 OF 2022
Between:
K. Satheesh Naik, S/o K. Lai Singh Naik, Aged about 38 years, Occ:
Associate Professor, Viswabharathi Medical College and General Hospital,
Penchikalapudu, Kurnool. Ri o.H.NoA25, Skan.dhanshi Hibiscus , Weaker
Section Colony, Ulchala Road, Kurnool, Kurnool District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Health Medical and Family Welfare Department, V- Block, Ground
Floor. Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur
District.
2. The Directorate of Medical Education, Old Govt General Hospital
Campus, Vijayawada., Krishna District.
3. The Union of India, rep by its Secretary, Ministry of Health and family
Welfare, Krishi Bhavan, New Delhi.
4. The National Medical Commission, Rep by its Chairman Pocket No.4,
Sector 8, Dwaraka Phase-1, New Delhi-110077.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an order or orders or direction or a writ one in the nature of
WRIT OF MANDAMUS declaring the action of the respondents more
particularly respondent No. 2 in declaring the petitioner as ineligible candidate
for the post of Assistant Professor of Anatomy under the Notification
No.6/2022 (August, 2022), dated 05.08.2.022 for Direct Recruitment & Lateral
Entry for the Post of Assistant Professors-August, 2022 with the remark as
45
Ph.d not in Medical Anatomy through proceeding vide Rc.No.2222/E11-
B/2022, dated 11.10.2022 and not appointing/selecting the petitioner for the
post of Assistant Professor of Anatomy under the Notification No.6/2022
(August, 2022), dated 05.08.2022 for Direct Recruitment and Lateral Entry for
the Post of Assistant Professors-August, 2022 despite having all requisite
qualification under the Notification No.6/2022 (August, 2022), dated
05.08.2022 as illegal, arbitrary, unconstitutional and violation of principles of
natural justice and consequently direct the respondents more particularly
respondent No. 2 to appoint/select the petitioner for the post of Assistant
Professor of Anatomy under the. Notification No.6/2022 (August, 2022), dated
05.08.2022 for Direct Recruitment & Lateral Entry for the Post of Assistant
Professors-August, 2022 by declaring the petitioner as eligible.
lA No: 1 OF 2022
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
stay all further proceedings of Notification vide No.6/2022 (August, 2022)
dated 05.08.2022 for Direct Recruitment and Lateral Entry for the Post of
Assistant Professors-August, 2022 in respect of selection and appointment to
the post of Assistant Professor (Anatomy), pending disposal of the Writ
Petition.
lA No: 2 OF 2022
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 respondents to consider the case of petitioner for
selection/appointment for the post of Assistant Professor of Anatomy under
the Notification No.6/2022 (August, 2022), dated 05.08.2022 for Direct
Recruitment and Lateral Entry for the Post of Assistant Professor- August,
2022, pending disposal of the writ Petition.
46
Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL
Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR
SEVICES-IV
Counsel for the Respondent Nos.3 & 4: SRI Y.V.ANIL KUMAR, CENTRAL
GOVERNMENT COUNSEL
The Court made the following: COMMON ORDER
■SJif
THE honourable SRI JUSTICE GANNAMANENl RAMAKRISHNA
PRASAD
WP/21631/2023: WP/683R/2Q23: WP/17406/2023lWP/184^§^^11
WP/21 fi.*^9/2n23; WP/22491/2023: WP/225_^2/2023lWP/23128/202.^
WP/23258/2023 ■ WP/23R48/2023: WP/25151/2023: WP/285Q3/2023i
WP/29248/2022: WP/31372/2022: WP/33278/2022; WP/^412/2^1;
WP/88733/2022: WP/33894/2022 and VVP/36j48/2022
The Court made the following COMMON ORDER:
Heard Sri Shaik Mohammed Ismail, learned Counsel for Writ Petitioners
(in W.P.No.21631 of 2023; W.P.No.35248 of 2022; W.P.No.22562 of 2023;
W.P.No.23128 of 2023; W.P.No.23258 of 2023 and W.P.No.23848 of 2023)
and Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioners (in
W.P.No.29248 of 2022; W.P.No.31372 of 2022; W.P.No.33278 of 2022,
W.P.No.33412 of 2022; W.P.No.33733 of 2022; W.P.No.33894 of 2022;
W.P.No.6838 of 2023; W.P.No.17406 of 2023; W.P.No.21659 of 2023;
W.P.No.25151 of 2023 and W.P.No.28503 of 2023); Sri Madhu Sudana Sai
Ram Asadi, learned Counsel for the Writ Petitioner in W.P.No.22491 of 2023 ;
Sri V. Ramesh, learned Government Pleader for Services-lV and Ms.
Shagufta Jahan Noor; Sri Viswanath Challa, learned Counsel appearing
on
behalf of Sri S. Vivek Chandra Sekhar, learned Standing Counsel for National
Medical Commission.
2. All these Writ Petitions involve a substantive common issue, while the
other factual details do vary from Writ Petition to Writ Petition. In this view of
the matter, the facts emanating from the W.P.No.21631 of 2023 are referred
to herein. The prayer, as such in W.P.No.21631 of 2023 is as under.
to issue
It is therefore prayed that this Hon'ble Court may be nature
pleasedof Writ of
an ordRr nr orders or direction or a writ one in the
Mandamus declaring the action of the respondents more particular y
respondent No.2 and 3 in declaring the petitioners as ineligible
candidate's for the post of Assistant Professor of 14.07.2023 ^
for
Physiology under the Notification No.02/2023, dated
recruitment for the posts of Assistant Professors through Direct
and Lateral Entry (Regular and Limited Recruitment)
on
F^ecruitment
2
the ground that "Senior Residency (SR) Not Completed/Enclosed",
even though the Senior Residency (SR) is not required to be submitted
for the post of Assistant Professor of Anatomy and Physiology and
further in not selecting/appointing the petitioners for the post of
Assistant Professor of Anatomy and Physiology under the Notification
No,02/2023, dated 14.07.2023 and Order vide Rc.No.02
(WP.21631)/APMSRB/Notification No.2/2023-1 dated 27.10.2023
issued by the respondent No.3 herein is illegal, arbitrary,
unconstitutional and contrary to regulations of Andhra Pradesh Medical
Education Service Rules (G.O.Ms.No.154, Health, Medical & Family
Welfare (A2), 4*^ May, 2002), Minimum Qualification for Teachers in
Medical Institutions Regulations, 1998 (Amended upto 8*'^ June, 2017)
& Public Notice vide proceedings Lr.Rc.No.999-2/El IB/2022, dated
29.08.2022 issued by the respondent No.2 and consequently direct the
respondents to appoint/select the petitioners for the post of Assistant
Professor of Anatomy and Physiology under Notification No.02/2023,
dated 14.07.2023 without insisting/seeking the production of Senior
Residency Certificates and pass such other order or orders as this
Hon'ble Court may deem fit and proper in the
circumstances of the case."
3. This batch of Writ Petitions were listed from time to time before this
Court. My Predecessors have issued several Interim Orders from time to time
directing the Respondent Authorities not proceed further and in some cases, a
direction was given to keep the required number of posts unfilled. The
common challenge in all these Writ Petitions revolved around a Notification
issued by the Directorate of Medical Education, Government of Andhra
Pradesh vide Notification No.2 of 2023 dated 14.07.2023 (Ex.P.3). This
Notification is issued for recruitment of posts of Assistant Professors through
Direct Recruitment and Lateral Entry relating to clinical and non-clinical posts
in the Government Medical Colleges and Teaching Hospitals, which are under
the Directorate of Medical Education. The said Notification No.2 of 2023
would state that the recruitment shall be as per the Service Rules issued in
G.O.Ms.No.154, HM&FW (A2) dated 04.05.2002 (Ex.P.4). The present
controversy relates to the filling-up of non-clinical posts of Assistant
Professors relating to the Departments of Anatomy, Bio-chemistry, Micro
Biology, Pharmacology and Physiology Notification No.2 of 2023 dated
14.07.2023 (Ex.P.3) had made it mandatory for the Applicants for the post of
Assistant Professor for non-clinical posts to submit a Senior Residency
3
fs
Completion Certificate. Maximum age prescribed for the Applicants for OC
candidates is 42 years, 47 years for the EWS/SC/ST/BC candidates, 52 years
for Physically Handicapped persons and 50 years for the Ex-servicemen as on
the date of Notification. It is also stated that the Rule of Reservation will apply
as per the provisions of A.P State and Subordinate Service Rules, 1996 and
also as per the G.O.Ms.No.857 & 858, HM & FW Department dated
14.11.2022. Selection procedure is based on marks/grade obtained in the
qualifying degree and as per the criteria evolved in Section-ll of Para No.7 of
the Notification No.2 of 2023.
4. It is submitted that, insofar as non-clinicai posts are concerned, one
must possess M.Sc (Medical) in the related subject for the post of Tutor and
M.Sc (Medical) and Ph.D (Medical) for the posts above the Tutor, which
includes posts of Assistant Professor as well.
5. In Para No.4 of Section-IV of the said Notification, documents which
are required to be submitted are mentioned. Sub-para(l) of Para(4) of
Section-IV indicates that the Senior Residency Completion Certificate is also
required to be submitted for everyone except the Applicants in Super
Specialties, Dental Specialties and candidates applying through Lateral Entry.
6. The Writ Petitioners would submit that the requirement for
submission of Senior Residency Completion Certificate was mandatory
requirement for all clinical posts in the previous Notifications also, issued in
the year 2022 and backwards. By adopting the earlier practice, the Writ
Petitioners who have applied for posts of non-clinical subjects, did not enclose
the Senior Residency Completion Certificate, because as such, there is no
Senior Residency training for the candidates who pursue their M.Sc degrees,
which is a well known fact.
7. It is submitted that the Writ Petitioners were surprised to see that the
Provisional Merit List published by the Official Respondents on 09.08.2023,
had declared the Writ Petitioners as not eligible and the reason indicated
'T%mr
therein is
that they did not submit
the Senior Residency Completion
Certificate. Having been
p ^^dden dis-qualification of the
Writ Petitioners, they have challenged the action of the Official Respondents
in declaring- the Writ Petitioners as
not being eligible for consideration for the
non-clinical posts of Assistant Professors
8. Learned Counsel for the Writ Petitioners have drawn the
attention of
this Court to the status of the Writ Petitioners
as indicated in the Merit List
declaring them as not eligible on the ground that the Writ Petitioners
have not
submitted the Senior Residency Completion Certificate. Learned Counsel for
the Writ Petitioners has also drawn the attention of this Court to
the various
e-mails sent by the Writ Petitioners
to the Official Respondents between 11
August to16'' August that for Ph.D
candidates, Senior Residency Completion
Certificate is not required as
per the guidelines issued by the National Medical
Commission (for short the 'NMC') on 14.02.2022. It is the submission that
Table-IA of the Teachers
Eligibilily Qualifications in Medical Institutions
Regulations, 2022 (issued on 14.02.2022) would indicate
that the Senior
Resident "is one who is doing his residencvy Iin the concerned department after
obtaining Medical Postgraduate Degree (MD/MS/DNB)". Nextiy, Table-1 B of
the said Regulations, 2022
would clearly state that M.Sc, Ph.D ini separate
Table did not include Senior Resident (SR) for M.Sc, Ph.D candidates.
9. Learned Counsel for the Writ Petitioners has drawn the attention of
this Court to the vari
in Medical
Modioal Institutions
, R®9'^'^«ons of the Teachers
Regulations, 2022, issued
Eligibility Qualifications
on 14.02.2022 by the
Postgraduate Medical Education Board of the National Medical
Commissiuii.
He had also drawn the attention
of this Court to Table-IA of Regulation No.6,
which clearly states that the
academic qualification of Assistant Professor is
MD/MS/DNB in the concerned subject, for which
one year as Senior Resident
in the concerned subject ini a
recognized/permitted Medical Colleoe after
clearing MD/MS Degree. Insofar as Tutors are concerned relating to non
medical postgraduates. it has been clearly stated
that non-medical
5
fi
postgraduates with M.Sc (Medical) degree shall be called Tutors in whichever
departments they are working. In Table-1 B of Regulation No.6, titled as
"Index of Broad Specialties in which Persons with rion-Medical Qualifications
may be appointed as Faculty (Assistant Professor and beyond)", for the
subject of Anatomy, Biochemistry and Physiology, academic qualification that
is required is M.sc (Medical Anatomy) with Ph.D in Medical Anatomy, M.Sc
(Medical Biochemistry) with Ph.D in Medical Biochemistry and M.Sc (Medical
Physiology) with Ph.D in Medical Physiology.
10. Learned Counsel for the Writ Petitioners would submit that the
Regulations did not ask for submission of Senior Residency Completion
Certificate, insofar as the non-medical qualifications are concerned, It is
further submitted that in Table-1 C of the Regulation No.6, Senior Resident
(Medical Postgraduate) is defined as one who is doing his residency in the
concerned department after obtaining Medical Postgraduate degree
(MD/MS/DNB).
11. Learned Counsel for the Writ Petitioners have submitted that after
the Regulations, 2022 were brought into effect by the NMC on 14.02.2022, the
earlier Regulation titled as Minimum Qualifications for Teachers in Medical
Institutions Regulations, 1998" had been repealed vide Regulation No.16; that
vide Regulation No. 14 (Saving Clause), the appointments made under the old
Regulations, 1998 have been saved.
12. Learned Counsel for the Writ Petitioners would submit that in the
Notification No.2 of 2023 making it mandatory that the Applicants who
possess non-dinical postgraduate degrees in medical subjects and also
non-clinical postgraduates possess non-clinical
stipulates that the
postgraduate certification will be considered only, if the vacancies are unfilled
by the candidates possessing medical degrees. Learned Counsel for the Writ
Petitioners would contend that the Regulations titled as "Teachers Eligibility
Qualifications in Medical Institutions Regulations, 2022" were brought into
effect by the NMC in exercise of the powers conferred on the said NMC by the
6
A
Section 57 of the NMC Act, 2019. The said Regulations were framed by the
Postgraduate Medical Education Board and were brought into effect on
14.02.2022. it is contended that the Government of Andhra Pradesh ought
not to have laid down any condition which is contrary to the Regulations,
2022. It is contended that the two conditions in the Notification No.2 of 2023
namely that only in the case of non-availability of candidates with
qualifications MD/MS/DNB/DM, the candidates with qualifications of M.Sc
(Medical Anatomy) on regular mode with Ph.D (Medical Anatomy) will be
considered and the other condition making it mandatory for non-clinical
postgraduate and Ph.D holders to submit the Senior Residency Completion
Certificate are contrary to the Regulations, 2022 of the NMC.
13. In furtherance of their submissions, learned Counsel for the Writ
Petitioners have submitted as under:
I.
That ail the Writ Petitioners are having M.Sc (Medical)
qualification with Ph.D degrees and all of them have been
working in various capacities (as Tutors, Assistant Professors
and Associate Professors) in various institutions from various
lengths of time.
That the Writ Petitioners have assumed that the requirement of
submission of Senior Residency Complete Certificate was only
meant for clinical posts, since there was mandatory requirement
of submission of such Certificates for non-clinical posts, for which
the Writ Petitioners have applied.
Thai one year Senior Residency is not applicable to M.Sc
(Medical) and Ph.D (Medical) and is only applicable to
candidates who are pursuing MD/MS medical degrees and in
that regard. Directorate of Medical Education had also issued
notice vide Proceeding bearing Lr.Rc.No.999-2/El 1B/2022 dated
29.08.2022 stating that as per the NMC Regulations dated
14.02.2022 (Teachers Eligibility Qualifications in Medical
7
f
Institutions Regulations, 2022) in Table-1 B of Regulation No.6
would indicate that Senior Residency for non-medical post
graduates in Anatomy, Biochemistry and Physiology is not
mandatory.
IV. That at no point of time the Directorate of Medical Education
(Respondent No.2) had ever issued any Notification making it
mandatory for M.Sc (Medical) with Ph.D (Medical) candidates
apply for Senior Residency. In fact, Senior Residency is not
offered for the candidates who came from the stream of M.Sc
It is
(Medical) and Ph.D (Medical) in non-clinical subjects.
therefore submitted that if the Official Respondents so desire to
make Senior Residency Completion Certificate mandatory, the
Government should firstly create facilities, by making
amendments to the Rules and create new courses, to enable the
M.Sc (Medical) to join and complete the Senior Residency
Programme.
V. That only with regard to clinical subjects. Senior Residency at
postgraduate level is offered,
vi. That the A.P Medical Education Service Rules, (G.O.Ms.No.154 ,
HM&FW (A2) dated 04.05.2002) and the earlier Regulations,
1998 issued by the then Medical Council of India have never
made the submission of Senior Residency Completion Certificate
mandatory by the Applicants of M.Sc (Medical) with Ph.D
(Medical) for the posts of Assistant Professors in Anatomy and
Physiology and Biochemistry,
Teachers
vii. That the minimum qualification specified in the
Eligibility Qualifications in Medical Institutions Regulations, 1998
(Amended upto 08.06.2017) and the Government of India,
Ministry of Health & Family Welfare, dated 27.05.2019 is that the
Medical M.Sc with Medical Ph.D Applicants can be appointed in
8
the Departments of Anatomy, Physiology, Biochemistry,
Pharmacology and Microbiology.
Viii. That the Medical Council of India was dissolved and the National
Medical Commission came into existence from 25,09.2020. The
State Government has never prescribed or demanded the
submission of Senior Residency Completion Certificate insofar
as non-clinical posts are concerned.
ix. That the Public Notice issued vide Proceeding Lr.Rc.No.999-
2./E11B/2022 dated 29.08.2022 would also clarify that the Senior
Residency Completion Certificate is not mandatory for non-
clinical posts.
X. That it is most pertinent to state that the Directorate of Medical
Education (Respondent No.2) had issued Notification No.1 of
2023 dated 04.08.2023 for the posts of Senior Residents and in
the said Notification No.1 of 2023 also the Respondent No.2 has
asked only for candidates who possess medical postgraduate
degrees such as DM/MCH/MD/MS/DNB to apply for Senior
Resident, which clearly shows that Senior Residency is not
applicable to the M.Sc (Medical) with Ph.D (Medical) Applicants
for the posts of Anatomy, Biochemistry, Pharmacology,
Microbiology and Physiology.
That the Directorate of Medical Education (Respondent No.2)
XI.
had filed the Counter Affidavit in W.P.No.14467 of 2020 stating
that:
"24. It is submitted that the respondent Nn 0 filed a counter
in W.P.No.14467 of 2020 by stating at para No. 16 that "there
IS no rule in Medical Council of India regulations as pointed out
by the petitioner, that first only MD/MS candidates are to be
appointed as Assistant Professors and if no MD/MS candidates
are available then only the M.Sc with Ph.D candidates are to be
considered for appointment to the post of Assistant Professor".
Xli.
That the Master of Science Medicine Association has submitted
a Representation to the Respondent No.2 on 18.07.2023 raising
objections about making the submission of Senior Residency
Completion Certificate to the non-clinical posts as mandatory
(Ex.P.13)
Submissions of the Official Respondents
14.
The Official Respondents have filed Counter Affidavit in
W.P.No.21659 of 2023. Sri Y.B. Ramesh, learned Government Pleader has
drawn the attention of this Court to the Notification No.2 of 2023 (Ex.P.3) and
would submit that Para No.7 of Section-I of the Notification would stipulate
that only in the case of non-availability of candidates having the qualification of
MD/MS in Anatomy, Biochemistry and Physiology from the college recognized
by the MCl/NMC, the candidates with M.Sc (Medical) with Ph.D (Medical) in
Anatomy, Biochemistry and Physiology will be considered on regular mode.
For the candidates who are applying under direct recruitment mode, it was
made compulsory for everyone including the candidates applying for non-
clinical posts to submit the Senior Residency Complete Certificate. He would
submit that only in the case of paucity of the teachers in non-clinical
departments, relaxation upto the Head of the Department may be given by the
appointing authority to the non-medical persons, if the suitable medical
teacher in the particular non-clinical specialty is not available for the required
post. It is also stated that such relaxation will be made only with the prior
approval of the NMC and that a non-medical person cannot be appointed as
Director or Principal or Dean or Medical Superintendent.
15. In the light of the above submission, the following are the issues that
fall for consideration :
/.
Whether the condition laid down by the Directorate of Medical
Education (Respondent No. 2) making it mandatory for the
Applicants holding non-clinical degrees (M.Sc (Medical) with Ph.D
(Medical)) to submit the Senior Residency Complete Certificate in
10
derogation to the Teachers Eligibility Qualifications in Medical
Institutions Regulations, 2022 ?
II. Whether the condition laid down by the Directorate of Medical
Education (Respondent No. 2) that the case of the Applicants
holding non-clinical degree (M.Sc (Medical) with Ph.D (Medical))
will be considered in the case of non-availability of candidates
with qualifications of MD/MS/DNB/DM is in consonance with the
Teachers Eligibility Qualifications in Medical Institutions
Regulations, 2022
Issue Nos. I & II.
16. Submissions of the Writ Petitioners as well as the Respondents had
been noted by this Court hereinabove. It is noticed that the previous
Notifications issued by the Respondent No.2 had never contained the two
conditions which are mentioned hereinabove and it was for the first time the
Respondent No.2 has chosen to lay down these conditions. These conditions
were neither imposed by the earlier Regulations of the Medical Council of
India/NMC (Minimum Qualifications for Teachers in Medical Institutions
Regulations, 1998) nor the current Regulations, 2022, which came into effect
from 14.02.2022 titled as "Teachers Eligibility Qualifications in Medical
Institutions Regulations, 2022" issued by the Postgraduate Medical Education
Board of the NMC. This Court has also noticed that all the Writ Petitioners
possess non-clinical postgraduate degrees and non-clinical Ph.D degrees in
their respective medical subjects and that they have been working in various
academic/teaching capacities for nearly about a decade in various institutions
in different capacities such as Tutors/Lecturers/Assistant Professors and that
they have been waiting for considerable period with legitimate expectation that
they would have an opportunity to apply for direct recruitment for the post of
Assistant Professors in the same terms and conditions which existed until the
Notification No.2 of 2023 came to be issued on 14.07.2023. It is also noticed
that the Senior Residency Programme is made available only to the medical
w
11
postgraduates pursuing their postgraduate degrees in certain subjects which
are not categorized as non-clinical subjects. It is also noticed that, insofar as
the non-clinical postgraduates are concerned, like the holders of M.Sc
(Medical) with Ph.D (Medical), their avenues in Government service are
restricted, inasmuch as there is
an embargo of being promoted to the posts of
Dean of the Faculty or Head of the Department or Director of the Institute etc.
Services of such Assistant Professors are confined to limited operations
without having any involvement in the treatment of patients. It is also noticed
that at one point of time when there was shortage of medical graduates
holding degrees of MD/MS/DNB/DM, the Government has opened avenues
for the holders of M.Sc (Medical) degrees relating to non-clinical subjects to
be appointed as Assistant Professors.
17. It is also noticed that in the Table-IC of Regulation No.6 of
Regulations, 2022, a Senior Resident is described as 'one who is doing his
residency in the concerned Department after obtaining Medical Post
graduation degree (MD/MS/DNB)'. This makes it clear that there is no scope
for a non-medical post graduates to ever seek an admission into Senior
Residency programme because admission into Senior Residency is only open
to Medical Postgraduate degrees holders such as MS/MD/DNB. This apart, it
is pertinent to observe that in
Table-1 B of Regulation No.6 of Regulations,
2022 relating to subjects of Anatomy, Biochemistry and Physiology, the
academic qualifications which are prescribed relate to M.Sc with the
concerned medical subject along with Ph D in the concerned medical subject.
The said Table-1 B is usefully extracted hereunder:
Table 1B: Index of Broad Specialties in which Persons with non-
Medical Qualifications may be appointed as Faculty
(Assistant Professor and beyond)
S.No. Name of the ^ Academic Qualification
Specialty
1.
Anatomy M.Sc (Medical Anatomy with Ph.D Medical
Anatomy
2.
Biochemistry M.Sc (Medical Biochemistry with ^h.D
Medical Biochemistry
12
3. Physiology M.Sc (Medical Physiology with Ph.D Medical
Physiology
18. When the existing statute as promuigated by the NMC (Regulations,
2022) has very clearly stipulated the difference between the Medical Post
Graduate Degrees and its requirement of possessing of one year Senior
Residency Complete Certificate as compared to that of non-medical post
graduates with M.Sc (Medical) with Ph.D (Medical), the Respondent No.2 has
not been able to justify with reason as to why this definition had been
obliterated by it. When the statute does not permit non-medical post graduate
with M.Sc (Medical) with Ph.D (Medical) to ever take an admission into Senior
Residency Programme, this Court is unable to countenance as to how such
candidates could at all produce Senior Residency Completion Certificate.
Imposing a requirement which is just an impossibility and which is not even
contemplated under the statute is an antithesis to the rule of law, inasmuch as
such deviations by the State can never be permitted and this approach by the
Government cannot stand to the test of rationality and reasonableness under
Article 14 of the Constitution of India. In respect of the Corrigendum dated
06.04.2022, which is a clarification to the Public Notice dated 29.03.2022.
19. In the present batch of Writ Petitions, as indicated earlier, that in the
Notification No.2 of 2023 for non-medical post graduates with M.Sc (Medical)
with Ph.D (Medical) will be considered, only if MD/MS/DNB/DM are
unavailable, is contrary to the Regulations, 2022. Similarly, imposing a
requirement on the non-medical post graduates with M.Sc (Medical) with Ph.D
(Medical) to produce Senior Residency Completion Certificate is also contrary
to the Regulations, 2022.
20. In this view of the matter, such conditions in the Notification No.2 of
2023 which are contrary to the Regulations, 2022 are unsustainable in law,
and are hereby quashed. Consequently, the Provisional Merit List published
by the Official Respondents on 09.08.2023 shall also stand quashed with a
further direction to the Respondents to prepare a fresh Provisional Merit List in
13
accordance with the Order of this Court and publish the same within eight
weeks from the date of uploading of this Order in the Website of this Court. It
is clarified that in respect of other contentions raised by the Writ Petitioners
such as adjustment of the post meant for the disabled person (hearing
impairment) or conversion of reserved posts into general category so on so
forth, shall be considered by the Respondents in accordance with law
inasmuch as the Rules in respect of these issues are already in place.
21. With these observations and directions, the Writ Petitions are
allowed. No Order as to Costs.
22. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- K. SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
One Fair Copy to Hon'ble Sri Justice Gannamaneni
, ,. ^ ,,Ramakrishna Prasad
une t-air uopy Lordship's kind perusal)
To,
1. The Principal Secretary Health Medical & Family Welfare Department
V- Block, Ground Floor Room No. 157, State of Andhra Pradesh
Secretariat, Velagapudi, Amaravati, Guntur District.
Hospital
2. The Directorate of Medical Education, Old Govt General
Campus, Vijayawada, Krishna District.
3. The Member Secretary Andhra Pradesh Medical Services Recruitment
Board, 3^^ Floor, PHYCARE Building, Mangagiri, Guntur District.
4. The Secretary, Union of India, Ministry of Health & Family Welfare,
Krishi Bhavan, New Delhi.
F
48
5. The Chairman, National Medical Commission, Pocket No.4, Sector 8,
Dwaraka Phase-1, New Delhi-110077.
7. 9 L.R. Copies.
8. The Under Secretary, Union of India, Ministry of Law, Justice &
Company Affairs, New Delhi.
6. The Secretary, Andhra Pradesh High Court Advocates' Library, High
Court of Andhra Pradesh.
7. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUO
8. One CC to Sri V.R.Reddy Kovvuri, Advocate [OPUC]
9. One CC to Sri Madhu Sudhana Sai Ram Asadi, Advocate [OPUC]
10. Two CCs to GP for Services-iV, High Court of Andhra Pradesh.
OUT
11. One CC to Sri Y.V.Anil Kumar, Central Government Counsel
[OPUC]
12. One CC to Sri O.Udaya Kumar, Central Government Counsel
13. One CC to Sri S. Vivek Chandra Sekhar, SC for National Medical
Commission.[OPUC]
14. One CC to Ms. S.V.Buvaneswari, SC for Andhra Pradesh Medical
Services Recruitment Board.[OPUC;
15. Two CD Copies.
gi
49
HIGH COURT
DATED:17/06/2025
COMMON ORDER:
WP.Nos.21631 of 2023; WP:6838/2023 WP:17406/2023, WP:18405/2023, WP-21659/2023 WP;22491/2023, \NP:22562I2023, WP: 23128/2023,' WP:23848/2023, WP:25151/2023 WP:28503/2023, WP:29248/2022, WP-31372/2022' WP:33278/2022, WP:33412/2022 WP-33733/2022' WP:33894/2022 and WP:35248/2b22 ' ALLOWING THE WRIT PETITIONS WITHOUT COSTS