APHC010686532025 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 35288/2025 Between:

1. TEJESWINI BHIMMAGANIPALLI THIMMAIAHGARI,, S/O.T.BALACHHANDRAIAH, AGED ABOUT 30 YEARS, OCC DOCTOR, R/O.D.NO.ALUGUMANIPALLI, GUDUPALLI MANDAL, CHITTOOR DISTRICT ...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. THE NATIONAL MEDICAL COUNCIL OF INDIA, REP BY ITS CHAIRMAN, POCKET NO. 14, SECTOR-3 DWARAKA, NEW DELHI.

3. THE ANDHRA PRADESH MEDICAL COUNCIL, REP BY ITS CHAIRMAN, HAVING OFFICE AT GUNADALA, VIJAYAWADA.

4. THE DIRECTOR MEDICAL EDUCATION, DEPARTMENT OF HEALTH MEDICAL AND FAMILY WELFARE, THE STATE OF ANDHRA PRADESH, VIJAYAWADA.

5. THE CHAIRMAN, ANDHRA PRADESH MEDICAL COUNCIL, VIJAYAWADA.

6. THE VICECHAIRMAN, ANDHRA PRADESH MEDICAL COUNCIL, VIJAYAWADA.

7. THE REGISTRAR, ANDHRA PRADESH MEDICAL COUNCIL, VIJAYAWADA.

...RESPONDENT(S):

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 topleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents No.3, 5 to 7 in not issuing Permanent Registration Certificate to me even though I have completed one year of Compulsory Rotatory Medical Internship as per the allotment order dated 09.11.2023 issued by the Respondent No.3 in terms of Screening Test Regulations 2002, stating that I have to undergo one more year of internship as per Foreign Medical Graduate Licenciate Regulations 2021 as illegal, arbitrary, colorable exercise of power contrary to Foreign Medical Graduate Licenciate Regulation 2021 and Compulsory Rotatory Medical Internship Regulation 2021 and circular dated 04.03.2022 issued by the Respondent No.4 apart from being violative of the Fundamental Rights guaranteed to me under Article 14,19 and 21 of the Constitution of India and consequently direct the respondents to issue the Permanent Registration Certificate to me as per Screening Test Regulations, 2002 read with Section

13(3) of the Indian Medical Council Act, 1956 Counsel for the Petitioner:

1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S):

1. V V ANIL KUMAR

2. V V ANIL KUMAR(SC FOR AP MEDICAL COUNCIL)

3. VIVEK CHANDRA SEKHAR S

4. GP FOR MEDICAL HEALTH FW HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.35288 of 2025 This Court made the following

ORDER:

Heard learned counsel for the Petitioner and learned Standing Counsel for Medical and Health and Family Welfare and learned Standing Counsel for Respondent Nos.2 and 3.

2. The present writ petition is filed challenging the action of the Respondent Nos.3 and 7 in directing the petitioner to undergo internship for a period of two years and consequently not issuing the Permanent Registration Certificate stating that the petitioner is governed under Foreign Medical Graduate Licenciate Regulations, 2021 even though the petitioner is not at all covered under the said Regulations, 2021.

3. It is contended that the petitioner, after completing his intermediate course in India, enrolled in the Bachelor of Arts in Psychology for the period 2014-2017 in the Philippines; thereafter, she enrolled for the Primary Medical Qualification, MD (equivalent to the MBBS course in India) degree at University of Perpetual Help System Dalta, Las Pinas City, Philippines commencing from the year 2017. It is contended that the petitioner had completed his examinations by October, 2021 while attending her classes physically at the college in the Philippines. Due to the COVID-19 outbreak, she had to return to India and completed her clerkship through online classes.

4. In India, to get enrolled in the State Medical Reg