Dr.Ch.Swamy Naidu, v. Andhra Pradesh Medical Council,

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.33010 OF 2015 ORDER:

Heard.

The petitioner is aggrieved by the order, dated 21.01.2015, passed by the 1st respondent, whereby the petitioner is alleged to have violated Clauses 1.1.1., 1.1.2 and 7.7 of the Indian medical Council (Professional Conduct, Etiquette and Ethic) Regulations, 2002 and is directed to surrender his Permanent Registration Certificate and also the Certificate of Registration of Additional Qualification. The petitioner states that aggrieved by the said order, he has already preferred an appeal, dated 09.04.2015, before the 3rd respondent and to that effect, a postal acknowledgment, dated 20.04.2015, is also produced. The present Writ Petition is, however, filed questioning the self-same order of the 1st respondent on the ground that it violates the principles of natural justice.

In view of the fact that the petitioner has already preferred an appeal and the same is pending before the 3rd respondent, he can always raise his contentions in the said appeal. Hence, entertainment of this Writ Petition, especially when an alternative remedy is available to the petitioner, is not warranted. However, it is necessary to direct the 3rd respondent to consider the aforesaid appeal of the petitioner by fixing a date for hearing to the petitioner to enable him to submit his contentions, if he so desires, and pass appropriate orders thereon, expeditiously, preferably within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand

closed.

____________________________ VILAS V.AFZULPURKAR, J 13.10.2015 Note:- Issue C.C. in one week.

(B/o) KH