APHC010653412025 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: 34060/2025 Between:

1. CHAKRAVARTHULA SAI PRATHAP VARMA, S/O.C.SUBRAMANYAM RAJU, AGED ABOUT 29 YEARS, OCC.DOCTOR, R/O.D.NO.2/30, BOMMAVARAM VILLAGE AND POST, OBULAVARIPALLE MANDAL, YSR KADAPA 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 to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the Allotment Order, dated 17.05.2023 issued by the respondents No.3 and 7 directing me to undergo internship for a period of two years at Apollo Institute of Medical Sciences and Research, Chittoor and consequently not issuing me the Permanent Registration certificate to me stating that I am governed under Foreign Medical Graduate Licenciate Regulations 2021, even though I am not at all covered under said regulations. 2021 and 1 am governed under Screening Test Regulations, 2002 read with Section 13(3) of the Indian Medical Council Act, 1956 as arbitrary, illegal. colourble exercise of power, contrary to the General Body Resolution, dated 27.05.2025 and 17.06.2025 apart froim being violative of the Fundamental and Constitutional Rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently. a. Set Aside the Part of the Allotment Order, dated 17.05.2023 issued by the respondents No.3 and 7 directing me to undergo internship for a period of two years at Apollo Institute of Medical Sciences and Research, Chittoor instead of one year b. consequently direct the respondents No.3 to 7 to treat the period internship as per Allotment Order, dated 17.05.2023 as One year instead of Two years c. 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. GP FOR MEDICAL HEALTH FW HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.34060 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 Science in Biology for the period 2014-2018 in the Philippines; thereafter, he enrolled for the Primary Medical Qualification, MD (equivalent to the MBBS course in India), during the period 2018-2022. It is contended that