APHC010671242025 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: 34797/2025 Between:

1. MAHIDHAR GOLLAPUDI, S/O VYASA NARAYANA MURTHY GOLLAPUDI AGED ABOUT 30 YEARS OCCUPATION DOCTOR H NO. 9 - 8 - 382, 3RD LANE, SYAMALANAGAR, GUNTUR, - 522006 ...PETITIONER AND

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

2. ANDHRA PRADESH MEDICAL COUNCIL, HAVING ITS ADDRESS AT 2ND FLOOR DR. N.T.R UNIVERSITY OF HEALTH SCIENCES, ESI RD, VIJAYAWADA, ANDHRA PRADESH 520008.

3. ANDHRA PRADESH MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR HAVING ITS ADDRESS AT 2ND FLOOR DR. N.T.R UNIVERSITY OF HEALTH SCIENCES, ESI RD, VIJAYAWADA, ANDHRA PRADESH 520008.

4. NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS CHAIRMAN, HAVING ITS ADDRESS AT POCKET-14 , SECTOR - 8, DWARKA PHASE -1 NEW DELHI-110077

5. DIRECTORATE OF MEDICAL EDUCATION, HAVING ITS ADDRESS AT OLD GOVT. GENERAL HOSPITAL, HANUMANPET, VIJAYAWADA, KRISHNA, ANDHRA PRADESH - 520003

6. UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN, NEW DELHI 110011

7. NRI MEDICAL COLLEGE AND GENERAL HOSPITAL, N.R.I ACADEMY OF SCIENCES MANGALAGIRI ROAD, CHINAKAKANI GUNTUR DISTRICT, ANDHRA PRADESH - 522503 ...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 to pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of Respondent No. 2 and 3 in rejecting the application of the petitioner for grant of Permanent Registration to the Petitioner as illegal, arbitrary, colourable exercise of power, apart from being violative of Articles 14, 19, 21 and 300Aof the Constitution of India and consequently direct Respondent No. 2 and 3 to issue Permanent Registration Certificate / Final Registration Certificate on the basis of the 1 year internship completion certificate issued by NRIGH, to the Petitioner forthwith and pass Counsel for the Petitioner:

1. D NARENDAR NAIK Counsel for the Respondent(S):

1. M UMA DEVI (CENTRAL GOVT COUNSEL)

2. V V ANIL KUMAR

3. GP FOR MEDICAL HEALTH FW HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.34797 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, obtained a Bachelor of Science in Biology for the Academic Year 2016-17 from Our Lady Fatima University, Philippines and Doctor of Medicne, which is equivalent to MBBS in India for the academic year 2017-21 from Our Lady Fatima University, Philippines. It is contended that the petitioner had completed his examinations by August, 2021 while attending his classes physically at the college in the Philippines. Due to the COVID-19 outbreak, he had to return to India and completed his clerkship through online classes.

4. In India, to get enrolled in the State Medical Register, he appeared for the Screening Test in accordance with the Screening Test Regulations, 2002 and cleared it. However, respondent Nos.3 and 7 has informed the petitioner that since the petitioner undergone his clerkship/practical training through online