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2025 Supreme(Online)(Tel) 40277

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Dr.TKannaiah – Appellant
Versus
The State of Telangana – Respondent
WP 31921/2025



THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

ORDER:

The present writ petition is filed, aggrieved by the orders passed by Respondent No.2 vide Reference No. TMSC/344/Ethics/Case No.15/2021, dated 24.09.2025, wherein petitioner was directed to surrender his Permanent Registration Certificate bearing No.59133 and was also penalized with the removal of his name from the Medical Register of the Telangana Medical Council for one (1) year, as being bad, arbitrary, illegal, violative of the principles of natural justice, and in violation of Articles 14, 19, and 21 of the Constitution of India.

2. Heard Sri R. Anurag, learned counsel for the petitioner, and Smt. K. Swapna Madhuri, learned Assistant Government Pleader for Medical, Health, and Family Welfare, for respondent No.1. Perused the record.

3. The petitioner, Dr. T. Kannaiah, an MBBS graduate from Dr. N.T.R. University of Health Sciences (2008) and a registered medical practitioner with the Telangana Medical Council (Reg.

No.59133), has training and experience in hair transplantation. Respondent No.3, who had earlier consulted Dr. Bhavani Prasad, sought autologous fat transfer surgery under his care, with the petitioner assisting at her request and managing scheduling and formalities. The patient underwent pre- operative evaluations, was advised on post-operative care, but failed to follow medical instructions, concealed her diabetic condition, and later developed complications. Though expert opinions found no negligence by the operating surgeon, the Telangana State Medical Council issued a show-cause notice and, without giving petitioner a proper opportunity to respond, suspended him for one year while exonerating Dr.Bhavani Prasad. The petitioner contends that the order is arbitrary, based on irrelevant allegations, and in violation of natural justice, thereby causing serious harm to his professional reputation and livelihood.

4. Learned Government Pleader for Medical, Health, and Family Welfare submits that, based on the explanations of Dr. Bhavani Prasad and Dr. T.Kannaiah, the Council found it necessary to hold an enquiry under Sections 15 and 17 of the Telangana Medical Practitioners’ Registration Act, 1968. The Chairman directed the Registrar to conduct the enquiry through the Ethics Committee. It is stated that Dr. T. Kannaiah holds only an MBBS degree and does not have a recognized postgraduate degree or diploma in Dermatology, Plastic Surgery, or related specialties, which are required for practicing dermatology, cosmetology, and hair transplantation. Therefore, registration of such additional qualifications with the Council is not applicable. It is further stated that Dr.T.Kannaiah has been informed of his right to appeal the order dated 24.09.2025 before the National Medical Commission within 60 days under Regulation 8.8 of the IMC (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, and Section 30(4) of the National Medical Commission Act, 2019.

5. Upon consideration of the material on record and the submissions of learned counsel, this Court finds that the action of the Telangana Medical Council in directing the petitioner to surrender his registration and removing his name from the register for one year is lawful, justified, and in accordance with the provisions of the Act. There is no merit in the writ petition, and the same is liable to be dismissed.

6. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to file an appeal against the order dated 24.09.2025 before the National Medical Commission within 60 days. There shall be no order as to costs.

Miscellaneous applications, if any, pending, shall stand closed ____________________________ NAGESH BHEEMAPAKA, J Date: 24.10.2025 dgr

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