Dr. N. Dharani Kumar (Hindu) v. Government Of Andhra Pradesh

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.5829 OF 2009 ORDER:

This writ petition is filed to declare the action of the respondents in not considering the representation of the petitioners dated 2.2.2009. The said representation was made to permit them to practice modern medicine, and to permit them to enrol in State Medical Practitioner Register. The facts of the case according to the petitioners are that they are doctors having BAMS (Bachelor of Ayurvedic Medicine and Surgery) degree. They did internee-ship in Modern Medicine in Government Hospital. They are all registered practitioners and members of the National Medical Association (Registered), Vijayawada. All the petitioners got registered with Andhra Board for Ayurvedic. BAMS degree itself indicates that the petitioners are also surgeons and eligible to perform surgery.

Modern medicine was incorporated in the syllabus of the petitioners and they should not be obstructed to practice and prescribe the modern medicine and the State Government has to issue a separate G.O by allowing them to enrol in A.P. State Medical Register and permit them to practice in the modern medicine. The petitioners submitted several representations to the State Government requesting them to issue a G.O, but the same was not considered. Hence, the present writ petition.

No counter affidavit whatsoever has been filed on behalf of the respondents.

When the matter has come up for hearing, learned counsel for the petitioners submitted that the petitioners may be permitted to submit a fresh representation to the respondent authorities and the respondent authorities may be directed to consider the same in accordance with law.

Learned Government Pleader for Medical and Health submits that the respondent authorities have no objection to consider the application of the petitioners in accordance with law. In view of the submissions made by both sides and considering the narrow controversy in issue, the writ petition is disposed of giving liberty to the petitioners to make a fresh representation to the 1st respondent expressing their grievance and on such representation being made, the same shall be considered and disposed off by the 1st respondent in accordance with law. With the above observations, the writ petition is disposed of. No order as to costs. Miscellaneous Petitions, if any, in this writ petition shall stand closed.

________________________________ KONGARA VIJAYA LAKSHMI,J Date:13.11.2017.

Gk.

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.5829 OF 2009 Date:13.11.2017 Gk