The Court made the following ORDER:

Heard Dr. Pedamallu Babu Srinivas, Party-in-Person (Writ Petitioner) and Sri S.Vivek Chandrasekhar, learned Standing Counsel for Respondent Nos.2 & 3.

2. The Prayer sought in the present Writ Petition is as under:

“For the reasons stated above, It is therefore prayed that this Hon'ble 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 respondents No.2 and No.3 rejecting my application for additional qualifications registration of FRCS in General Surgery Degree (Royal College of Surgeons of Edinburgh) and FRCS in General Surgery Degree (Royal College of Surgeons of England) on the grounds that my name is not entered in the UK GMC Specialist register which is a totally unfair requirement to practice in Republic of India, where as other doctors with lower degree (MRCS) were registered (Dr.D.MuthuKumaran vs Government of Tamil Nadu and ORS, W.P.No.17882 of 2013) under the same IMC Act and 2008 notification without specialist register entry requirement and rejection of registration of my M.S Oncoplastic Breast Surgery degree, European board surgical qualification in Breast Surgery, European Board certification in Breast Surgical oncology degrees on grounds of not stated in IMC Act & not covered under 2008 notification, as arbitrary and contrary to the well established legal principles, apart from being violative of fundamental and Constitutional rights guaranteed to me under Articles 14, 21 of the Constitution of India and consequently direct the respondents 2 and 3 to register my FRCS in General Surgery Degree (Royal College of Surgeons of Edinburgh), FRCS in General Surgery Degree (Royal College of Surgeons of England), M.S Oncoplastic Breast Surgery degree, European board surgical qualification in Breast Surgery, European Board certification In Breast Surgical oncology degrees as Additional Qualifications, also allow new application for registration of my MRCS in General Surgery Degree (Royal College of Surgeons of Edinburgh) and refund any excess money paid towards registration fee in the interest of justice and pass such other order or orders as are deemed fit and proper in the circumstances of the case.”

3. Although, the extract of the above „prayer‟ would indicate that the Writ Petitioner has sought registration of all the qualifications/certificates mentioned in the prayer, during the course of the submissions, the Party-in- Person (Writ Petitioner) has confined his prayer only with respect to the one qualification i.e., FRCS General Surgery qualification acquired by him at the Royal College of Surgeons of England.

At the outset

4. The Writ Petitioner has relied on a Judgment rendered by the Hon‟ble High Court of Madras in Dr. D. Muthu Kumaran vs Government of Tamil Nadu and ORS: (in W.P.No.17882 of 2013 dated 30.08.2019) in support of his contention. He would submit that the lower degree called the MRCS was recognized by the Official Respondents. This Court, after having perused the ratio in Dr.D.Muthu Kumaran‟s case, would hold that the intent of the Writ Petitioner herein to take support of the decision in Dr.D.Muthu Kumaran‟s case is misplaced inasmuch as the ratio in the said case would indicate clearly that MRCS acquired by Dr. D. Muthu Kumaran has not been recognized in India as post-graduate qualification. Finding of the Hon‟ble High Court of Madras at Para-34 is as under :

“34. This Court is of the view that the MRCS degree from Royal College of Surgeon, Edinburgh, which the petitioner holds is not equivalent to a M.S. Degree given by an institute which is recognized by the Medical Council of India”

FACTS:

5. The facts as projected by the Writ Petitioner/Party-in-Person are that the Writ Petitioner has completed his MBBS Degree in Guntur Medical College in the year 1998; that the Writ Petitioner has completed Master of Surgery (MS-Ophthalmology) from Rangaraya Medical College, Kakinada i