1 APHC010419232023 iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) i TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos: 21631 OF 2023. WP:6838/2023. WP: 17406/2023, WP: 18405/2023. WP:21659/2023, WP:22491/2023, WP:22562/2023. WP:23128/2023. WP:23258/2023, WP:23848/2023. WP:25151/2023. WP:28503/2023. WP:29248/2022. WP:31372/2022. WP:33278/2022. WP:33412/2022. WP:33733/2022. WP:33894/2022 and WP:35248/2022 WRIT PETITION No: 21631 OF 2023 Between: 1. Dr. K.Satheesh Naik, S/o. K.Lalsingh Naik, Aged about 39 years, Occ: Associate Professor, Department of Anatomy, MNR Medical College & Hospital, Fasalwadi, Sangareddy, R/o. Staff Quarters No -102, 'C Block MNR Medical College & Hospital, Fasalwadi, Sangareddy, Telangana ~ 502294. 2. Dr. G.Krishna Kishore, S/o. Damodhar Naidu, aged about 36 years, Occ: Assistant Professor, Department of Anatomy, Shridevi Institute of Medical Sciences & Research Hospital, R/o. #14, cross, 9**^ Main Road, Sri Maatha Layout, Sharadambanagar, Jalahatli Village, Bangalore- 560013. 3. Dr. Satyanath Reddy Kodidaia, S/o. Ramalingeshwara Reddy, Aged about 35 Years, Occ: Associate Professor, Department of Physiology, JJM Medical College, Davangere R/o. BEA Quarters, Indragiri B2, Anjaneya Dadavane, Davangere, Karnataka 577001. 4. Dr Sai Sailesh Kumar G, S/o.Vijay G, Aged about 40 Years, Occ: Associate Professor, Department of Physiology NRI Institute of 2 Medical sciences, Vishakapatnam, R/o. D Block 302, Staff Quarters, NRI Institute of Medical sciences Sanghivalasa, Vishakapatnam. , 5; '5. Dr.B.V.Surendra, S/o. B.Venkata Ramana, aged about 44 years, Occ; Associate Professor, Department of Physiology, Viswabharathi Medical College and General Hospital R/o. B-40, Skanda Hibiscus, Ulchala Road, Kurnool-518003. Dr. P.Pravallika, D/o. P.Raja, Aged about 32 years, Occ: Assistant Professor, Department of Physiology Shridevi Institute of Medical Sciences & Research Hospital R/o. House No.1, Staff Quarters Shridevi Institute of Medical Sciences and Research Hospital, Sira Road, Lingapura, Tumkur, Karnataka - 572101. Dr.B.A.Madhuri, D/o. B.Bala Swamy Reddy, aged about 38 years, Occ: Associate Professor, Department of Physiology, RVM institute of Medical Sciences and Research Centre, R/o. Flat No.305, B-Block, Sri Sai Anurag NEW Town, Phase-1, Near Ambedkar Statue, Tumkunta, Hyderabad 500078. Dr. G. Bhanu Prakash, S/o G. Annaiah, aged about 42 years, Occ: Associate Professor, Department of Physiology, Sri Balaji Medical College Hospital and Research Institute, R/o. 15-80, No-401, Mallik Apartment, Padmavati Nagar, Mahila University Road, Behind Pratap Palace Apartment, Tirupati - 517502 6. 7. 8. ...PETITIONERS AND The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, V- Block, Ground Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District. The Directorate of Medical Education, Old Govt General Hospital Campus, Vijayawada, Krishna District. 1. 2. 3 3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3'^^ Floor, PHYCARE Building, Mangagiri, Guntur District. 4. The Union of India, rep by its Secretary, Ministry of Health & Family Welfare, Krishi Bhavan, New Delhi. 5. The National Medical Commission, Rep by its Chairman, Pocket No.4, Sector 8, Owaraka Phase-1, New Delhi-110077. ...RESPONDENTS: 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 order or orders or direction or a writ one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly respondent No.2 and 3 in declaring the petitioners as ineligible candidate's for the post of Assistant Professor of Anatomy and Physiology under the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) on the ground that “Senior Residency (SR) Not Completed/Enclosed”, even though the Senior Residency (SR) is not required to be submitted for the post of Assistant Professor of Anatomy and Physiology and further in not selecting/appointing the petitioners for the post of Assistant Professor of Anatomy and Physiology under the Notification vide Order and 14.07.2023 dated No.02/2023, Rc.No.02(WP.21631)/APMSRB/Notificatlon 27.10.2023 issued by the respondent No.3 herein”, is illegal, arbitrary, dated No.02/2023-1, unconstitutional and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical & Family Welfare May, 2002), Minimum Qualification for Teachers in Medical (A2), 4’ Institutions Regulations, 1998 (Amended upto 8^'^ June, 2017) & Public Notice vide proceedings Lr.Rc.No.999-2/E11B/2022, dated 29.08.2022 issued by the respondent No.2 and consequently direct the respondents to appoint/select the petitioners for the post of Assistant Professor of Anatomy and Physiology 4 under Notification No.02/2023, dated 14.07.2023 without insisting/ seeking the production of Senior Residency. (Main Prayer is amended/substituted as per the Court’s Order, dated 17.06.2025, vide Order passed in IA.No.5 of 2023 in WP.No.21631 of 2023) lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) in respect of selection and appointment for the post of Assistant Professor of Anatomy and Physiology, pending disposal of the Writ Petition. lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider case of the petitioners for the post of Assistant Professor of Anatomy and Physiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), without insisting for production of senior residency certificates, pending disposal of the Writ Petition. lA No: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to appoint the petitioners for the post of Assistant Professor of Anatomy and Physiology in the Notification No.02/2023, dated 14-07-2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) without insisting the petitioners to submit the senior residency certificate, pending disposal of the Writ Petition. 5 lA No: 4 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Final Merit List dated 25-08-2023 in Notification No.2/2023, dated 14-07-2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION APHC010122752023 WRIT PETITION No: 6838 OF 2023 Between: K.Santhi, D/o.Rajagopal Reddy, Aged about 37 years, Occ: Assistant Professor of Anatomy, Narayana Medical College, Nellore, R/o. Door No.25-3-849, 8*^ Street, Nethaji Nagar, Podalakur Road, Nellore, SPSR Nellore District. ...PETITIONER AND 6 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. ...RESPONDENTS: 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 Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondent No.2 in keeping the petitioner in the ineligible list while publishing the Final Merit List, dated 23.12.2022, stating that, the petitioner have not submitted Senior Resident Certificate, eventhough, the same is not required to be submitted and the consequential Selection List, dated 01.01.2023 wherein it has been mentioned against the Roaster Point No.31 which is a backlog vacancy reserved for OC-(HH) that no eligible candidate is available, eventhough, as per Rule 22 of Andhra Pradesh State and Subordinate Service Rules, 1996 the same has to be converted into a open competition vacancy and the petitioner is fully eligible and qualified as per the Teachers Eligibility Qualification in Medical Institutions Regulations, 2022 and the Corrigendum, dated 29.08.2022 issued by him to be appointed as the Assistant Professor of Anatomy in pursuance of the Notification No.6/2022 (August-2022), dated 05.08.2022 issued by him as arbitrary, illegal quite contrary to the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and Corrigendum, dated 29.08.2022 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to appoint me as the Assistant Professor of Anatomy (Non-Clinical) by declaring me as eligible against 7 backlog vacancy reserved for OC(HH) as per Rule 22 of the Andhra Pradesh State and Subordinate Service Rules, 1996. \A No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to reserve the post of the Assistant Professor of Anatomy (Non-Clinical) in pursuance of the Notification No.8/2022, dated 01.12.2022 issued by him against roaster Point No. 1/31 against backlog vacancy reserved for OC(HH) as per Rule 22 of the Andhra Pradesh State and Subordinate Service Rules, 1996, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SERVICES-IV APHC010339202023 WRIT PETITION No: 17406 OF 2023 Between: Muriki Naresh Kumar, S/o.Venkatasubbaih, Aged about 37 years, Occ: Assistant Professor of Bio-Chemistry, Santi Rao Medical College and General Hospital, Nandyal, R/o. D.No.9/107, Gandhi Road, Vempalli, YSR District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. ...RESPONDENTS 8 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 Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 in keeping the petitioner in the ineligible list while publishing the Final Merit List through the proceedings in Rc.No.2222/E11-B/2022, dated 16.12.2022, stating that, he has not submitted Senior Resident Certificate, eventhough, the same or post PhD experience is not required to be submitted and the consequently not considering the petitioners candidature in the Phase III Selection and Counselling List for the Notification No.8/2022, dated 01.12.2022 stating that no eligible candidate is available for Roaster Point No.32 reserved for Economically Weaker Section Selection List, dated 22.06.2023, eventhough, the petitioner is fully eligible and qualified as per the Teachers Eligibility Qualification in Medical Institutions Regulations, 2022 and the Corrigendum, dated 29.08.2022 issued by him to be appointed as the Assistant Professor of Biochemistry in pursuance of the Notification No.8/2022, dated 01.12.2022 issued by him as arbitrary, illegal quite contrary to the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and Corrigendum, dated 29.08.2022 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to appoint me as the Assistant Professor of Biochemistry (Non-Clinical) by declaring the petitioner as eligible against vacancy reserved for EWS, Roaster point. 2/32 as per Rule 22 of the Andhra Pradesh State and Subordinate Service Rules, 1996. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to reserve the post of the Assistant Ptofessoi of Biochemistry (Non-Clinical) in pursuance of the Notification No.8/2022, dated 01.12.2022 issued by him against roaster Point No.2/32 against vacancy one 9 reserved for Economically Weaker Section (EWS) as per Rule 22 of the Andhra Pradesh State and Subordinate Service Rules, 1996, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SERVICES-IV APHC010358992023 ■ u WRIT PETITION No: 18405 OF 2023 Between: 1. Dr. Parades! Naidu Adireddi, S/o.Adireddi Akku Naidu, Aged about 42 Years, Occ; Tutor in Dept of Microbiology, Government Medical College, Anantapuramu R/o. Block -2F-6, Jesus Nagar, Anantapur, Anantapur District. 2. Dr.Aravadasari. Suneel Kumar, S/o. A. Ramacha, Aged about 42 Years Occ: Govt Tutor in Dept of Microbiology, Government Medical College, Ananthapur, R/o. Teaching Staff Quarters, Jesus Nagar, Anantapur, Andhra Pradesh. 3. Dr.Rajya Lakshmi Nakka, W/o. Satya Siva Sankar Mocharla, Aged about 39 Years, Occ: Govt Tutor in Dept of Pharmacology, Siddarth Medical College, Vijayawada R/o. Flat No.102, LMR Apartment, Income Tax Officers Colony, Near Kamineni Hospital, Kanuru, Vijayawada. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, V- Block, Ground Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District. 10 2. The Directorate of Medicai Education, Oid Govt General Hospital Campus, Vijayawada, Krishna District. 3. The Andhra Pradesh Medical Services RecruitmentBoard, Rep by its Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangagiri, Guntur District. 4. The Union of India rep by its Secretary, Ministry of Health and family Welfare, Department of Health & Family Welfare, Nirman Bhavan, New Delhi. 5. The National Medical Commission, Rep by its Chairman Pocket No.4, Sector 8, Dwaraka Phase-1, New Delhi-110077. ...RESPONDENT 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 order or orders or direction or a writ one in the nature of WRIT OF MANDAMUS declaring the Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) with eligibility criteria being MD/MS/DNB/DM/MD as qualification and excluding the candidates M.Sc with Ph.D from the eligible qualification criteria to the post of Microbiology and Pharmacology in the Notification No.02/2023, dated 14.07.2023 as illegal, arbitrary, unconstitutional and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical and Family Welfare (A2), 4^^ May, 2002), Public Notice No. 20910 (Legal)/2022, Dated 29.03.2022 of National Medical Commission and its Corrigendum dated 06.04.2022 and Order dated 03 01 2022 vide No V.11013/10/2021-ME-l (FTS 0.8114849) and Order dated 22.06.2023 vide No.V.1013/10/2021- ME-I (FTS-8114849), Government of India, Ministry of Health and Family Welfare, Department of Health & Family Welfare, New Delhi and consequently set aside the Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular 11 and Limited Recruitment) and by declaring the petitioners are fully eligible and entitled to be considered, selected and appointed for the post of Assistant Professor in the Microbiology and Pharmacology Department with the qualification of M.Sc with Ph.D. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) in respect of application, selection and appointment to the post of Assistant Professor of Microbiology and Pharmacology, pending disposal of the Writ Petition. lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to receive the applications of the petitioners and process the same for the post of Assistant Professor of Microbiology and Pharmacology in the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) in consonance with the Order dated 22.06.2023 vide No.V. 1013/10/2021- ME-I (FTS-8114849), Government of India, Ministry of Health and Family Welfare, Department of Health and Family Welfare, New Delhi and without insisting for one year of senior residency, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD 12 Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION APHC010418272023 WRIT PETITION No: 21659 OF 2023 Between: 1. Dr. Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about 35 years, Occ; Assistant Professor in Physiology, Narayana Medical College, Nellore, SPSR Nellore District, R/o. Door No.2-31, Opp: Circar Paper Mill, Kodurupadu Village, Nellore Rural, SPSR Nellore District. 2. Dr.John Preetham Kumar.G, S/o. Paul Timothy, Aged about 42 years, Occ; Un-employed, R/o.Door No.14/21, ICS Road, Guduru, SPSR Nellore District-524101. 3. Samanchi Rupesh, S/o.S.Ananda, Aged about 34 years, Occ; Tutor, AIIMS Mangalgiri, Presently residing at 2"^^ Floor, H.No.3-281/2, Sai Geeta Nilayam, Srinivasa Colony Welfare Society, Near APSP Battalion, Atmakur, Mangalgiri, Guntur District. 4. K.Santhi, D/o.Rajagopal Reddy, Aged about 37 years, Occ; Assistant Professor of Anatomy, Narayana Medical College, Nellore, R/o. Door No.25-3-849, 8^^ Street, Nethaji Nagar, Podalakur Road, Nellore, SPSR Nellore District. 5. Muriki Naresh Kumar, S/o.Venkatasubbaih, Aged about 37 years, Occ; Assistant Professor of Bio-Chemistry, Santi Rao Medical College and General Hospital, Nandyal, R/o. D.No.9/107, Gandhi Road, Vempalli, YSR District. 13 Dr.M.Prasad, S/o. Late.M.Krishnaiah, Aged about 37 years, Occ: Associate Professor in Bio-chemistry, Narayana Medical College, Nellore, SPSR Nellore District, R/o.D.No.4/1329, Ramachandrapura m, Nawabpeta, Nellore, SPSR Nellore District. 6. ...PETITIONERS AND The Union of India, Rep., by its Secretary, Ministry of Health and Family Welfare, 'A Wing, Nirman Bhavan, New Delhi. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur District. National Medical Commission Previously known as MCI, Rep., by its Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New Delhi, India. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangalgiri, Guntur District. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. 1. 2. 3. 4. 5. National Medical Commission Previously known as MCI, Rep., by its Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New Delhi, India. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangalgiri, Guntur District. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. 1. 2. 3. 4. 5. ...RESPONDENTS 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 writ order or direction more particularly one in nature of WRIT OF MANDAMUS declaring the Notification No.2/2023, dated 14.07.2023 issued by the respondents No.4 and 5 inviting applications for appointment to the post of the Assistant Professors in the Departments of Anatomy, Physiology and Bio-Chemistry without earmarking thirty (30) percent of tlie total iiui!ibfc;i posts id the eeid Depcu tiiiedls as ib piuvided undei Clause 2 of Schedule 1 of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 and also refusing to consider petitioners 14 candidature for the post of the Assistant Professors in the Departments of Anatomy, Bio-Chemistry and Physiology on the ground that they have not submitted the Senior Residency Certificates, eventhough, the same is not required to be submitted as arbitrary, illegal, quite contrary to the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998, the Andhra Pradesh Medical Education Service Rules, 2002, the order, dated 03.01.2022 issued by the respondent No.1 and the Public Notice No.20910(Legal)/2022/dated 29.03.2022and also the affidavit filed by the respondent No.3 in W.P.(Civil) No.9115 of 2020 on the file of Hon’ble High Court of Delhi at New Delhi and Public Notice, dated 29.08.2022 issued by the respondent No.5 and well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.4 & 5 (a) to ear mark thirty (30) percent of the total number posts of the Assistant Professors in the Departments of Anatomy, Physiology and Bio- Chemistry for candidates having M.Sc., (Medical Anatomy)/ M.Sc., (Medical Physiology)/ M.Sc., (Medical Biochemistry) on regular mode with PhD in Medical Anatomy/Medical Physiology/Medical Biochemistry on Regular Modeas is provided under Clause 2 of Schedule I of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998. (b) to appoint the petitioners as the Assistant Professors in the Departments of Anatomy, Physiology and Bio-Chemistry basing on their merit without insisting to produce the Senior Residency Certificates. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to earmark thirty (30) percent of the total number of posts available in the post of the Assistant Professors in the Department of Anatomy, Bio-Chemistry and Physiology for candidates having M.Sc., (Medical Anatomy)/ M.Sc., (Medical Physiology)/ M.Sc (Medical 15 Biochemistry) on regular mode with PhD in Medical Anatomy/Medica l Physiology/Medical Biochemistry on Regular Mode, pending disposal of the above Writ Petition and pass lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 to consider petitioners candidature for appointment to the posts of the Assistant Professors in the Department of Anatomy, Bio- Chemistry and Physiology without insisting us to submit the Senior Residency Certificates, pending disposal of the above Writ Petition. lA No: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Final Merit List, dated 25.08.2023 issued by the respondent No.4 pending final disposal of the above Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent No.1: SRI O.UDAYA KUMAR, CENTRAL GOVT COUNSEL Counsel for the Respondent No.3: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION Counsel for the Respondent No.4: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent Nos.2 & 5: SRI V.RAMESH, GP FOR SEVICES-IV 16 APHC010435682023 WRIT PETITION No: 22491 OF 2023 Between; Bonala Shahjeer, S/o. Bonala Bashu Sab, Aged about 44 years, Occ: Tutor, R/o. G6 Block 1 Teaching Staff Quarters, G.M.C, Jesus Nagar, Ananthapur District. ...PETITIONER AND The State of Andhra Pradesh, represented by It's Principal Secretary, Health Medical & Family Welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Director of Medical Education, Old Govt Genral Hospital Campus, Vijayawada, Krishna District. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangalgiri, Guntur District. The Union of India, Rep by its Secretary, Ministry of Health and Family Welfare, Krishi Bhavan, New Delhi. The National Medical Commission, Rep by its Chairman, Pocket No. 4, Sector 8, Dwaraka Phase-I, New Delhi- 110077. 1. 2. 3. 4. 5. ...RESPONDENTS; 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly respondents No. 2 and 3 in rejecting the candidature of petitioner for the post of Assistant Professor. Anatomy under the Notification No. 2/2023, dt. 14.07.2023 for recruitment to the post of Assistant Professors through direct recruitment and lateral entry (Regular and Limited Recruitment) 17 on the ground that Senior Residency (SR) is Not Enclosed by the petitioner contrary to the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 (Amended upto June, 2017) and contrary to public notice vide proceedings Lr.Rc.No.999-2/El IB/2022, dt. 29.08.2022 issued by the 2nd respondent as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and also violative of the Principles of natural justice and consequently set aside the same by declaring that the petitioner is entitled for the post of Assistant Professor Anatomy in view of his eligibility. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of the petitioner for the post of Assistant Professor in the Department of Anatomy in Notification No. 02/2023 dt. 14.07.2023 pending disposal of Writ Petition. Counsel for the Petitioner; SRI MADHU SUDANA SAI RAM ASADI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent No.4: SRI O.UDAYA KUMAR, CENTRAL GOVT COUNSEL Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION 18 APHC010435482023 WRIT PETiTiON No: 22582 OF 2023 Between; Ravi Babu Katuri, S/o. K.Yacob, aged about 35 Years, Occ; Tutor of Physiology, AIIMS, Mangalagiri R/o. Flat No.202, Damarla Hill View, Sri Srinivasa Colony Welfare Society, Mangalagiri, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical & Family Welfare Department, V- Block, Ground Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District. 2. The Directorate of Medical Education, Old Govt General Hospital Campus, Vijayawada, Krishna District. 3. The Andhra Pradesh Medical Services RecruitmentBoard, Rep by its Member Secretary, 3'"'^ Floor, PHYCARE Building, Mangalagiri, Guntur District. 4. The Union of India, rep by its Secretary, Ministry of Health and family Welfare, Krishi Bhavan, New Delhi. 5. The National Medical Commission, Rep by its Chairman Pocket No.4, Sector 8, Dwaraka Phase-1, New Delhi-110077. ...RESPONDENTS 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 order or orders or direction or a writ one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly respondent No.2 and 3 in declaring the petitioner as ineligible candidate for the post of Assistant Professor of Physiology under the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of 19 Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) on the ground that “Senior Residency is Mandatory for all the clinical and non-clinical specialties. Tutor is not equivalent to SR., Hence not eligible”, even though the Senior Residency (SR) is not required to be submitted for the post of Assistant Professor of Physiology and further in not selecting/appointing the petitioner for the post of Assistant Professor of Physiology under the Notification No.02/2023, dated 14.07.2023 “and Order vide Rc.No.02(WP.22562)/APMSRB/Notiflcation No.02/2023-1, dated 27.10.2023 issued by the respondent No.3 herein” is illegal, arbitrary, unconstitutional and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical 8 Family Welfare (A2), 4‘^ May, 2002), Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 (Amended upto 8*'' June, 2017) 86 Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and consequently direct the respondents to appoint/select the petitioner for the post of Assistant Professor of Physiology under Notification No.02/2023, dated 14.07.2023 without insisting/ seeking the production of Senior Residency Certificate from the petitioner. (Main Prayer is Amended/Substituted as per the Court’s Order dated 17.06.2025, vide Order passed in IA.No.3 of 2023 in WP.No.22562/2023.) lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the post of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) in respect of selection and appointment for the post of Assistant Professor of Physiology, pending disposal of the Writ Petition. lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to appoint the petitioner, for the post of Assistant 20 Professor of Physiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), without insisting the petitioner to submit the senior reside Writ Petition. Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION y certificate, pending disposal of the i lO APHC010447022023 WRIT PETITION No: 23128 OF 2023 Between: Dr.Swathi Kanuparthy, W/o. N.Kishore Kumar Reddy, aged about 37 Years, R/o.D.No.107/63, Chinna Machu Palli Village, Chennur Mandal, YSR (Kadapa) District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, V- Block, Ground Floor Room No. 157, Arnaravati, A.P Secretariat, Velagapudi, Guntur District. 21 2. The Directorate of Medical Education, Old Govt General Hospital Campus, Vijayawada, Krishna District. 3. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, Floor, PHYCARE Building, Mangalagiri, Guntur District. 4. The Union of India, rep by its Secretary, Ministry of Health & Family Welfare, Krishi Bhavan, New Delhi. 5. The National Medical Commission, Rep by its Chairman Pocket No.4, Sector 8, Dwaraka Phase-1, New Delhi-110077. ...RESPONDENTS 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 order or orders or direction or a writ one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly respondent No.2 and 3 in declaring the petitioner as ineligible candidate for the post of Assistant Professor of Physiology under the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) on the ground that “Senior Residency (SR) is Mandatory for all the clinical and non-clinical specialties including Physiology. Hence not eligible” and further in not awarding weightage marks for the contract service of the petitioner in Rajiv Gandhi Institute of Medical Sciences, Kadapa as provided under Clause 7 (H) of the Notification No.02/2023, dated 14.07.2023 and further in not appointing/selecting the petitioner for the post of Assistant Professor of Physiology under the Notification No.02/2023, dated 14.07.2023 and order vide Rc.No.02(WP.23128)/APMSRB/Notification No.02/2023-1, dated 27.10.2023 issued by the respondent No.3 herein” is illegal, arbitrary, unconstitutional and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical & Family Welfare (A2), 4**^ May, 2002), Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 (Amended upto 8 th June, 2017). 22 Teachers Eiigibiiity Qualifications in Medical Institutions Regulations, 2022 & Memo vide No.5549/A1/2015, dated 25.05.2015 of Health Medical and Family Welfare (A1) Department and consequently direct the respondents to appoint/ select the petitioner for the post of .Assistant Professor of Physiology under Notification No.02/2023, dated 14.07.2023 by awarding the weightage marks for the contract service of the petitioner and without insisting/seeking the production of Senior Residency Certificate from the petitioner. (Main Prayer is Amended/Substituted as per the Court’s Order dated 17.06.2025, vide Order passed in IA.No.3 of 2023 in WP.No.23128 of 2023.) lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the post of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) in respect of selection and appointment for the post of Assistant Professor of Physiology, pending disposal of the Writ Petition. lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to appoint the petitioner for the post of Assistant Professor of Physiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) by adding/ awarding the weightage of 8 marks and without insisting the petitioner to submit the senior residency certificate, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV 23 Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION APHC010449472023 WRIT PETITION No: 23258 OF 2023 Between: Dr.V. Praveen Kumar, S/o. V. Narasimhulu, Aged about 41 years, Occ: Associate Professor of Microbiology Medical Sciences, Bommakal Village, Karimnagar, Telangana-505 001, R/o. D.No. 19-4-140/1, STV Nagar, Near Samsung Service Center, Mathamma Temple, Tirupathi -517501. Chalmeda Anand Rao Institute of ...Petitioner AND The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, V- Block, Ground Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District. The Directorate of Medical Education, Old Govt General Hospital Campus, Vijayawada, Krishna District. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3'^^ Floor, PHYCARE Building, Mangagiri, Guntur District. The Union of India, Rep by its Secretaiy, Ministi-y of Healtli AND family Welfare, Krishi Bhavan, New Delhi. 1. 2. 3. 4. 24 5. The National Medical Commission, Rep by its Chairman Pocket N Sector 8, Dwaraka Phase-1, New Delhi-110077. r\ A w.”r ...RESPONDENTS 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 order or orders or direction or a writ one in the nature of WRIT OF MANDAMUS challenging the Order Rc.No.02/APMSRB/Recruitment No.02/2023-4, dated 25.08.2023 passed by the respondent No.3 in declaring the petitioner as ineligible to the post of Assistant Professor of Microbiology under the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) on the ground that the petitioner doesn't have the qualification of MD in Microbiology and further one year senior residency is not completed is illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and also violative of the principles of natural justice and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical 8 Family Welfare (A2), 4‘^ May, 2002), Public Notice No. 20910 (Legal)/2022, Dated 29.03.2022 of National Medical Commission and its Corrigendum dated 06.04.2022 and Order dated 03.01.2022 vide No.V.11013/10/2021-ME-I (FTS 0.8114849) and Order dated 22.06.2023 vide No.V.1013/ 10/2021-ME-l (FTS-8114849), Government of India, Ministry of Health & Family Welfare, Department of Health & Family Welfare, New consequently set aside the Order vide Rc.No.02/APMSRB/Recruitment No.02/2023-4, dated 25.08.2023 passed by the respondent No.3, by directing the respondents to appoint the petitioner for the post of Assistant Professor of Microbiology under the Notification No.02/2023, dated 14.07.2023 with the qualification of M.Sc with Ph.D and without insisting of one year senior residency. vide Delhiand 25 lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Final Merit List dated 25.08.2023 in Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), pending disposal of the Writ Petition. lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order vide Rc.No.02/APMSRB/RecruitmentNo.02/2023-4, dated 25.08.2023 passed by the respondent No.3 by directing the respondents to select and appoint the petitioner for the post of Assistant Professor of Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), without insisting of one year senior residency, pending disposal of the Writ Petition. lA No: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to reserve one post of Assistant Professor of Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent No.3: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL 26 Counsel for the Respondent No.5; Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION APHC010449392023 WRIT PETITION No: 23848 OF 2023 Between: Dr. P. Vamsi Muni Krishna, S/o. P.Rama Krishna Murthy, aged about 39 Years, Occ: Assistant Professor of Microbiology, Sri Balaji Medical College Hospital & Research Institute, Renigunta, Tirupati N/o. H.No.7-41,Nehru Bazar, Piler, Annamayya District. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, V- Block, Ground Floor Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District. The Directorate of Medical Education, Old Govt General Hospital Campus, Vijayawada, Krishna District. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3"^^ Floor, PHYCARE Building, Mangagiri, Guntur District. The Union of India, rep by its Secretary, Ministry of Health and family Welfare, Krishi Bhavan, New Delhi. The National Medical Commission, Rep by its Chairman Pocket No.4, Sectors, Dwaraka Phase-1, New Delhi-110077. 1. 2. 3. 4. 5. ...RESPONDENTS 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 order or orders or direction or a writ one in the nature of 27 WRIT OF MANDAMUS challenging the Order vide Rc.No.02/APMSRB/ Recruitment No.02/2023-5, dated 25.08.2023 Rc.No.02(WP.23848)/APMSRB/Notification 27.10.2023” passed by the respondent No.3 in declaring the petitioner as ineligible to the post of Assistant Professor of Microbiology under the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment) on the ground that the petitioner doesn't have the qualification of MD in Microbiology and further one year senior residency is not completed is illegal, arbitrary, unconstitutional and violative of Articles 14 and 16 of the Constitution of India and also violative of the principles of natural justice and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No. 154, Health, Medical and Family Welfare (A2), 4 May, 2002), Public Notice No. 20910 (Legal)/2022, Dated 29.03.2022 of National Medical Commission and its Corrigendum dated 06.04.2022 and Order dated 03.01.2022 vide No.V.11013/10/2021- ME-I (FTS 0.8114849) and Order dated 22.06.2023 vide No .V.1013 / 10 / 2021-ME-l (FTS-8114849), Government of India, Ministry of Health and Family Welfare, Department of Health and Family Welfare, New Delhi and consequently set aside the Order vide Rc.No.02/APMSRB/Recruitment No.02/2023-5, dated 25.08.2023 “and Order vide Rc.No.02(WP.23848)/APMSRB/Notification No.02/2023-1, dated 27.10.2023” passed by the respondent No.3, by directing the respondents to appoint the petitioner for the post of Assistant Professor of Microbiology under the Notification No.02/2023, dated 14.07.2023 with the qualification of M.Sc with Ph.D and without insisting of one year senior residency and by placing the petitioner under the social status of Economically Weaker Section. (Main Prayer is amended/substituted as per Court’s Order dated 17.06.2025, vide Order passed in IA.No.4 of 2023) and Order vide No.02/2023-1, dated th 28 lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Final Merit List dated 25.08.2023 in Notification No.02/2023, dated 14.07.2023 issued by the respondents for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), pending disposal of the Writ Petition. lA No: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order vide Rc.No.02/APMSRB/Recruitment No.02/2023-5, dated 25.08.2023 passed by the respondent No.3 by directing the respondents to select and appoint the petitioner for the post of Assistant Professor of Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), without insisting of one year senior residency and by placing the petitioner under the social status of Economically Weaker Section, pending disposal of the Writ Petition. lA No: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to reserve one post of Assistant Professor of Microbiology under Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct Recruitment and Lateral Entry (Regular and Limited Recruitment), pending disposal of the Writ Petition. Counsel for the Petitioners: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent No.3; Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD 29 Counsel for the Respondent No.4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.5: Ms. SHAGUFTA JAHAN NOOR & SRI VISWANATH CHALL, APPEARING ON BEHALF OF SRI S. VIVEK CHANDRA SEKHAR, SC FOR NATIONAL MEDICAL COMMISSION APHC010485452023 V? WRIT PETITION No: 25151 OF 2023 Between: Dr. M. Prasad, S/o. Late.M.Krishnaiah, Aged about 37 years, Occ. Associate Professor in Bio-chemistry, Narayana Medical College, Nellore, SPSR Nellore District, R/o.D.No.4/1329, Ramachandrapuram, Nawabpeta, Nellore, SPSR Nellore District. ...PETITIONER AND The Union of India, by its Secretary, Ministry of Health and Family Welfare, 'A' Wing, Nirman Bhavan, New Delhi. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur District. National Medical Commission Previously known as MCI, Rep., by its Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New Delhi, India. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3'^'^ Floor, PHYCARE Building, Mangagiri, Guntur District. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. 1. 2. 3. 4. 5. ...RESPONDENTS 30 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 writ order or direction more particularly one in nature of WRIT OF MANDAMUS declaring Notification No.6/2022 (.August- 2022), dated 05.08.2022 issued by the respondents No. 5 inviting applications for appointment to the post of the Assistant Professors in the Departments of Bio-Chemistry without earmarking thirty (30) percent of the total number posts in the Department of Bio-Chemistry as is provided under Clause 2 of Schedule 1 of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 as arbitrary, illegal, quite contrary to the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998, the Andhra Pradesh Medical Education Service Rules, 2002, the order, dated 03.01.2022 issued by the - respondent No.2 and the Public Notice No.20910(Legal)/20221 dates 29.03.2022 and also the affidavit filed by the respondent No.3 in W.P.(Civil) No.9115 of 2020on the file of Hon'ble High Court of Delhi at New Delhi and Public Notice, dated 29.08.2022 issued by the respondent No.5 and well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14. 19 and 21 of the Constitution of India and consequently direct the respondent No.5 to consider petitioners candidature for appointment to the post of the Assistant Professor in the Department of Bio-Chemistry by earmarking thirty (30) percent of the total number posts in the Department of Bio-Chemistry as is provided under Clause 2 of Schedule I of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 in Notification No.6/2022 (August-2022), dated 05.08.2022. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to earmark thirty (30) percent of the total number of posts available in the post of the Assistant Professors in the Departm.ent of Bio-Chemistry for candidates having M.Sc., (Medical Biochemistry) on regular 31 mode with Ph.D in Medical Biochemistry on regular mode, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 3: SRI O.UDAYA KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.4: Ms. S.V.BUVANESWARI, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent Nos.2 & 5: SRI V.RAMESH, GP FOR SEVICES-IV APHC010550622023 WRIT PETITION No: 28503 OF 2023 Between: 1. Dr. Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about 35 years, Occ: Assistant Professor in Physiology, Narayana Medical College, Nellore, SPSR Nellore District, R/o. Door No.2-31, 0pp. Circar Paper Mill, Kodurupadu Village, Nellore Rural, SPSR Nellore District. 2. Dr. John Preetham Kumar. G, S/o. Paul Timothy, Aged about 42 years, Occ: Un-employed, R/o.Door No.14/21, ICS Road, Guduru, SPSR Nellore District-524101. 3. Samanchi Rupesh, S/o.S.Ananda. Aged about 34 years, Occ: Tutor, AIIMS Mangaigiri, Presently residing at 2"^^ Floor, H.No.3-281/2, Sai Geeta Nilayarn, Srinivasa Colony Welfare Society. Near APSP Battalion, Atmakur, Mangaigiri, Guntur District. 4. K.Santhi, D/o.Rajagopal Reddy, Aged about 37 years, Occ: Assistant Professor of Anatomy, Narayana Medical College, Nellore, Rio. Door No.25-3-849, 8‘^ street, Nethaji Nagar, Podalakur Road, Nellore, SPSR Nellore District. 32 5. Dr.M.Prasad, S/o. Late.M.Krishnaiah, Aged about 37 years, Occ; Associate Professor in Bio-chemistry. Narayana Medical College, Nellore, SPSR Nellore District, Rio.D.No.4/1329, Ramachandrapura m, Nawabpeta, Nellore, SPSR Nellore District. ...PETITIONERS AND 1. The Union of India, rep., by its Secretary, Ministry of Health and Family Welfare, '.A'Wing, Nirman Bhavan, New Delhi. 2. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur District. 3. National Medical Commission Previously known as MCI, Rep., by its Chairman, Office at Pocket-14 , Sector 8, Dwarka Phase -1, New Delhi, India. 4. The Andhra Pradesh Medical Services Recruitment Board, Rep by its Member Secretary, 3^*^ Floor, PHYCARE Building, Mangagiri, Guntur District. 5. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. ...RESPONDENTS 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 writ order or direction more particularly nature of WRIT OF MANDAMUS declaring the Order in Re.No.02 (W.P.No.21659)/APMSRB/Notification No.02/2023-1, dated 27.10.2023 passed by the respondent No.4 declaring the petitioners ineligible to be appointed as the Assistant Professors in the Departments of Anatomy, Bio- Chemistry and Physiology stating that they have not completed the one ( I) year of Senior Residency after the completion of M.Sc. with Ph.D and consequential publication of the revised merit list, dated 14.. for the posts of one in 33 the Assistant Professors in the Departments of Anatomy, Bio-Chemistry and Physiology inpursuance of the Notification No.212023, dated 14.07.2023 and proceeding further to issue orders of appointment as per the said revised merit list as arbitrary, illegal, colorable exercise of power, quite contrary to the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998, the Andhra Pradesh Medical Education Service Rules, 2002, the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, the order, dated 03.01.2022 issued by the respondent No.1 and the Public Notice No.20910 (Legal)/2022/ dated 29.03.2022 and also the affidavit filed by the respondent No.3 in W.P.(Civil) No.9115 of 2020on the file of Hon'ble High Court of Delhi at New Delhi and Public Notice, dated 29.08.2022 issued by the respondent No.5 and well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.4 & 5. (a) to ear mark thirty (30) percent of the total number posts of the Assistant Professors in the Departments of Anatomy, Physiology and Bio- Chemistry for candidates having M.Sc., (Medical Anatomy)/ M.Sc., (Medical Physiology)/ M.Sc., (Medical Biochemistry) on regular mode with PhD in Medical Anatomy/Medical Physiology/Medical Biochemistry on Regular Mode as is provided under Clause 2 of Schedule I of the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998; (b) to appoint the petitioners as the Assistant Professors in the Departments of Anatomy, Physiology and Bio-Chemistry basing on their merit without insisting to produce the Senior Residency Certificates by setting aside the Order in Rc.No.02 (W.P.No.21659)/APMSRB/Notification No.02/2023-1, dated 27.10.2023 passed by the respondent No.4 and also the consequential revised merit list, dated 27.10.2023. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 34 grant stay of all further proceedings inpursuance of the Notification No.2/2023, dated 14.07.2023 including the issuance of the appointment orders basing on the revised merit list, dated 27.10.2023, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRi V.R.REDDY KOWURi Counsel for the Respondent Nos.1 & 3: SRI Y.V.ANIL KUMAR, CENTRAL GOVT COUNSEL Counsel for the Respondent No.4: Ms. S.V.BUVANESWARl, ANDHRA PRADESH MEDICAL SERVICES RECRUITMENT BOARD Counsel for the Respondent Nos.2 & 5: SRI V.RAMESH, GP FOR SEVICES-IV APHC010481322022 WRIT PETITION No: 29248 OF 2022 Between: Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about 34 years, Occ: Assistant Professor in Physiology, Narayana Medical College, Nellore, SPSR Nellore District, R/o. Door No.2-31, 0pp. Circar Paper Mill, Kodurupadu Village, Nellore Rural, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi , Guntur District. 2. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. ...RESPONDENTS 35 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 Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Public Notice in Lr.RC.No.999-2/E118/2022, dated 01.09.2022 issued by the respondent No.2 prescribing the eligibility of the Non-Medical person to the post of the Assistant Professor of Physiology should be M.Sc. Degree with a Ph.D., Degree and one year experience as Tutor/Demonstrator after obtaining requisite qualification referring to the decision taken by the Board of Governors in its 25*'^ meeting held on 06.01.2020 that the eligibility of the Non-Medical person to the posts of Assistant Professors in the Departments of Anatomy, Physiology, Biochemistry, Microbiology and Pharmacology should be M.Sc. Degree with Ph.D., Degree and one year experience as Tutor/Demonstrator, eventhough, the said decision is yet to be given effective after completion of three (03) years transition period from the date of its meeting i.e., from 06.01.2020, that too after dissolution of Medical Counsel of India and constitution of National Medical Commission with effect from 25.09.2020 in the place of Medical Counsel of India and refusing to my candidature for the post of Assistant Professor of Physiology referring to the same arbitrary, illegal, quite contrary to the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondent No.2 to consider the petitioner candidature for the post of Assistant Professor of Physiology as per Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 by setting aside the Public Notice in Lr.RC.No.999- 2/El 18/2022, dated 01.09.2022. lA No: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to consider the petitioner candidature for the post 36 of Assistant Professor of Physiology as per the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 in pursuance of the Notification No.6/2022, dated 05.08.2022, without referring to the public notice in Lr.RC.No.999-2/E118/2022, dated 01.09.2022 issued by him, pending disposal of the above Writ Petition. Counsel for the Petitioners; SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV APHC010512352022 WRIT PETITION No: 31372 OF 2022 Between: Dr.John Preetham Kumar. G, S/o. Paul Timothy, Aged about 41 years, Occ: Un-employed, R/o.Door No.14/21, ICS Road, Guduru, SPSR Nellore District- 524101. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. ...RESPONDENTS 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 writ, order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 in rejecting the petitioner candidature for the post of Assistant Professor 37 of Physiology referring that 'Ph.D Certificate not relevant and SR Certificate while communicating the provisional merit list through not submitted' proceedings in R.C.No.2222/E11B/2022, dated 17.09.2022 issued by him as arbitrary, illegal and colorable exercise of power, quite contrary to the Teacher Eligibility Medical Institution Regulations, 2022 and the well established legal principles apart from being violative of the fundamental rights guaranteed to him under Articles 14, 19, 21 of the Constitution of India and consequently declare that the petitioner is eligible to be appointed as the Assistant Professor of Physiology in pursuance of the Notification No.6/2022 (August, 2022) dated 05.08.2022 issued by the respondent No.2. lA No: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondent No.2 to reserve one post of the Assistant Professor of Physiology (Non-Clinical) inpursuance of the Notification No.6/2022 (August, 2022) dated 05.08.2022 issued by him, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV APHC010544542022 WRIT PETITION No: 33278 OF 2022 Between: Dr. Avuluru Venkata Siva Kumar, S/o. Narasimha Reddy, Aged about 34 years, Occ. Assistant Professor in Physiology, Narayana Medical College, Nellore, SPSR Nellore District, R/o. Door No.2-31, Opp. Circar Paper Mill, Kodurupadu Village, Nellore Rural, SPSR Nellore District. ...PETITIONER AND 38 ■ • T.ie Siate of Andhra Pradesh, rep. by its Principai Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi , Guntur District. 2. The Directorate of Medical Education, Government of Andhra Old Govt. General Hospital Campus, Vijayawada by its Director. Pradesh, Krishna District rep.. ...RESPONDENTS praying that in the Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent No.2 in keeping the petitioner in the ineligible list while publishing the Final Merit List through the proceedings in Rc.No.2222/E11-B/2022, dated 07.10.2022, in the High Court may be pursuance of the Notification No.6/2022 (August-2022), dated 05.08.2022, stating that, he has not submitted Senior Resident Certificate, as per the Teachers eventhough, the same is not required to be submitted Eligibility Qualification in Medical Institutions Regulations, 2022 and the Corrigendum, dated 29.08.2022 issued by the respondent No.2 himself as arbitrary, illegal quite contrary to the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and Corrigendum, dated 29.08,2022 and also the well established legal principles apart from being violative of the fundamental irghts guaranteed to the petitioner under Articles the Constitution of India and 14, 19 and 21 of consequently direct the respondent No.2 to appoint the petitioner as the Assistant Professor of Physiology (Non-Clinical) by declaring me as eligible. lA No: 1 OF 2099 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to Physiology (Non-Clinical) in pursuance of the Notification No. 6/2022 (August, reserve one post of the Assistant Professor of 39 2022), dated 05.08.2022 issued by him, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2; SRI V.RAMESH, GP FOR SEVICES-IV APHC010547102022 WRIT PETITION No: 33412 OF 2022 Between: Samanchi Rupesh, S/o.S.Ananda. Aged about 33 years, Occ; Tutor, AIIMS Mangalgiri, Presently residing at 2"^ Floor, H.No.3-281/2, Sai Geeta Nilayam, Srinivasa Colony Welfare Society, Near APSP Battalion, Atmakur, Mangalgiri Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi , Guntur District. 2. The Directorate of Medical Education, Government of Andhra Pradesh, Old Govt. General Hospital Campus, Vijayawada, Krishna District rep., by its Director. ...RESPONDENTS 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring Provisional Selection List issued by the respondent No.2 in Rc.No.2222/El 1-B/2022, dated 07.10.2022 by not considering my candidature for the post of the Assistant Professor of Physiology (Non-Clinical), even-though, I am the most m.eritorious candidate 40 as arbitrary, illegal and colorable exercise of power, quite contrary to the Teacher Eligibility Medical Institution Regulations, 2022 along with G.O.Ms.No.154, Andhra Pradesh Medical Service Rules, 2002 and the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to appointment me as the Assistant Professor of Physiology (Non-Clinical)by declaring me as eligible inpursuance of the Notification No.6/2022 (August, 2022) dated 05.08.2022. lA No: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings inpursuance of Provisional Selection List issued by the respondent No.2 in Rc.No.2222/E11-B/2022, dated pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV APHC010552212022 07.10.2022, WRIT PETITION No: 33733 OF 2022 Between: Azmatulla Shaik, S/o. Asudulla Shaik, Aged about 36 years, Occ; Tutor Shadan Institute of Medical Sciences, Hyderabad, Stadium Road, Sayyed Khan Street Guntur, Guntur District. R/o.Door No. 18-4-4, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi , Guntur District. 41 2. The Directorate of Medical Education, Government of Andhra Pradesh Old Govt. General Hospital Campus, Vijayawada, Krishna District rep. by its Director. ...RESPONDENTS 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 Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 in keeping the petitioner in the ineligible list while publishing the Final Merit List through the proceedings in Rc.No.2222/E11-B/2022, dated 07.10.2022, stating that, he has not submitted Senior Resident Certificate, eventhough, the same is not required to be submitted and the consequential Provisional Selection List, dated 07.10.20.22 wherein it has been mentioned against the Roaster Point No. 19 reserved for BC-E (Shaik) that no eligible candidate is available, eventhough, the petitioner is fully eligible and qualified as per the Teachers Eligibility Qualification in Medical Institutions Regulations, 2022 and the Corrigendum, dated 29.08.2022 issued by him to be appointed as the Assistant Professor of Physiology in pursuance of the Notification No.6/2022 (August-2022), dated 05.08.2022 issued by him as arbitrary, illegal quite contrary to the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 and Corrigendum, dated 29.08.2022 and also the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to appoint the petitioner as the Assistant Professor of Physiology (Non-Clinical) by declaring him as eligible candidate. lA No: 1 OF 2022 Petition under Section 151 CPC praying that in the circum,stances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to reserve one post of the Assistant Professor of Physiology (Non-Clinical) in pursuance of the Notification No.6/2022 (August, -12 2022), dated 05.08.2022 issued by him, pending disposal of the above Writ Petition. lA No: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 not to convert the seat reserved for BC-E candidates against the Roaster Point No. 19 into General Category in the post of the Assistant Professor of Physiology (Non-Clinical) in pursuance of the Notification No.6/2022 (August, 2022), dated 05.08.2022, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV APHC010555722022 WRIT PETITION No: 33894 OF 2022 Between: G. Obulesu, S/o.G.Jayanthama. Professor, Government Medical College, Ambikapur, Surguja, Chhattisgarh, Presently residing at Flat No.2, Type 3, Staff Quarters, Government Medical College, Ambikapur, Surguja, Chhattisgarh. Aged about 39 years, Occ: Associate ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Medical and Health Department, Secretariat Buildings, Velagapudi , Guntur District. 2. The Directorate of Medical Education, Government of Andhra Pradesh Old Govt. General Hospital Campus, Vijayawada, Krishna District rep. by its Director. 43 ...RESPONDENTS 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 writ, order or direction more particularly one in WRIT OF MANDAMUS declaring the final selection list respondent No.2,through the proceedings in the nature of published by the Rc.No.2222/E11-B/2022, dated 13.10.2022 by not considering the petitioner for the post of the Assistant Professor of Microbiology candidature eventhough, he is the most meritorious candidate as arbitrary, illegal and colorable exercise of power, quite contrary to the Teacher Eligibility Medical 2022 and Andhra Pradesh Medical Service Rules Institution Regulations 2002 and the well established legal principles apart from being violative of the fundamental rights guaranteed to him under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to the Assistant Professor of Microbiology by declaring the appointment me as petitioner as eligible inpursuance of the Notification No.6/2022 (August, 2022) dated 05.08.2022 and Extension Notification No.6/2022, dated 03.09.2022 issued by him. lA No: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings inpursuance of the final selection list published through proceedings in Rc.No.2222/El 1-B/2022, dated 07.10.2022 issued by the respondent No.2, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI V.R.REDDY KOWURI Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV 44 APHC010583612022 Sji?0 s> WRIT PETITION No: 35248 OF 2022 Between: K. Satheesh Naik, S/o K. Lai Singh Naik, Aged about 38 Associate Professor, Viswabharathi Medical College and General Hospital, Penchikalapudu, Kurnool. Ri o.H.NoA25, Skan.dhanshi Hibiscus Section Colony, Ulchala Road, Kurnool, Kurnool District. years, Occ: , Weaker ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Health Medical and Family Welfare Department, V- Block, Ground Floor. Room No. 157, Amaravati, A.P Secretariat, Velagapudi, Guntur District. 2. The Directorate of Medical Education, Old Govt General Hospital Campus, Vijayawada., Krishna District. 3. The Union of India, rep by its Secretary, Ministry of Health and family Welfare, Krishi Bhavan, New Delhi. 4. The National Medical Commission, Rep by its Chairman Pocket No.4, Sector 8, Dwaraka Phase-1, New Delhi-110077. ...RESPONDENTS 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 order or orders or direction or a writ one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly respondent No. 2 in declaring the petitioner as ineligible candidate for the post of Assistant Professor of Anatomy No.6/2022 (August, 2022), dated 05.08.2.022 for Direct Recruitment Entry for the Post of Assistant Professors-August, 2022 with the remark as under the Notification & Lateral 45 Ph.d not in Medical Anatomy through proceeding vide Rc.No.2222/E11- B/2022, dated 11.10.2022 and not appointing/selecting the petitioner for the post of Assistant Professor of Anatomy under the Notification No.6/2022 (August, 2022), dated 05.08.2022 for Direct Recruitment and Lateral Entry for the Post of Assistant Professors-August, 2022 despite having all requisite qualification under the Notification No.6/2022 (August, 2022), dated 05.08.2022 as illegal, arbitrary, unconstitutional and violation of principles of natural justice and consequently direct the respondents more particularly respondent No. 2 to appoint/select the petitioner for the post of Assistant Professor of Anatomy under the. Notification No.6/2022 (August, 2022), dated 05.08.2022 for Direct Recruitment & Lateral Entry for the Post of Assistant Professors-August, 2022 by declaring the petitioner as eligible. lA No: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of Notification vide No.6/2022 (August, 2022) dated 05.08.2022 for Direct Recruitment and Lateral Entry for the Post of Assistant Professors-August, 2022 in respect of selection and appointment to the post of Assistant Professor (Anatomy), pending disposal of the Writ Petition. lA No: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the case of petitioner for selection/appointment for the post of Assistant Professor of Anatomy under the Notification No.6/2022 (August, 2022), dated 05.08.2022 for Direct Recruitment and Lateral Entry for the Post of Assistant Professor- August, 2022, pending disposal of the writ Petition. 46 Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 2: SRI V.RAMESH, GP FOR SEVICES-IV Counsel for the Respondent Nos.3 & 4: SRI Y.V.ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL The Court made the following: COMMON ORDER ■SJif honourable SRI JUSTICE GANNAMANENl RAMAKRISHNA PRASAD THE WP/21631/2023: WP/683R/2Q23: WP/17406/2023lWP/184^§^^11 WP/21 fi.*^9/2n23; WP/22491/2023: WP/225_^2/2023lWP/23128/202.^ WP/23258/2023 ■ WP/23R48/2023: WP/25151/2023: WP/285Q3/2023i WP/29248/2022: WP/31372/2022: WP/33278/2022; WP/^412/2^1; WP/88733/2022: WP/33894/2022 and VVP/36j48/2022 The Court made the following COMMON ORDER: Heard Sri Shaik Mohammed Ismail, learned Counsel for Writ Petitioners (in W.P.No.21631 of 2023; W.P.No.35248 of 2022; W.P.No.22562 of 2023; W.P.No.23128 of 2023; W.P.No.23258 of 2023 and W.P.No.23848 of 2023) and Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioners (in W.P.No.29248 of 2022; W.P.No.31372 of 2022; W.P.No.33278 of 2022, W.P.No.33412 of 2022; W.P.No.33733 of 2022; W.P.No.33894 of 2022; W.P.No.17406 of 2023; W.P.No.21659 of 2023; W.P.No.6838 of 2023; 2023 and W.P.No.28503 of 2023); Sri Madhu Sudana Sai W.P.No.25151 of Ram Asadi, learned Counsel for the Writ Petitioner in W.P.No.22491 of 2023 ; Pleader for Services-lV and Ms. Sri V. Ramesh, learned Government Shagufta Jahan Noor; Sri Viswanath Challa, learned Counsel appearing Chandra Sekhar, learned Standing Counsel for National on behalf of Sri S. Vivek Medical Commission. 2. All these Writ Petitions involve a substantive common issue, while the from Writ Petition to Writ Petition. In this view of from the W.P.No.21631 of 2023 are referred other factual details do vary the matter, the facts emanating to herein. The prayer, as such in W.P.No.21631 of 2023 is as under. therefore prayed that this Hon'ble Court may be pleased to issue an ordRr nr orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particular y respondent No.2 and 3 in declaring the petitioners as ineligible candidate's for the post of Assistant Professor of ^ Physiology under the Notification No.02/2023, dated 14.07.2023 for recruitment for the posts of Assistant Professors through Direct and Lateral Entry (Regular and Limited Recruitment) on It is F^ecruitment 2 the ground that "Senior Residency (SR) Not Completed/Enclosed", even though the Senior Residency (SR) is not required to be submitted for the post of Assistant Professor of Anatomy and Physiology and further in not selecting/appointing the petitioners for the post of Assistant Professor of Anatomy and Physiology under the Notification No,02/2023, dated 14.07.2023 (WP.21631)/APMSRB/Notification No.2/2023-1 issued by the respondent No.3 herein is illegal, arbitrary, unconstitutional and contrary to regulations of Andhra Pradesh Medical Education Service Rules (G.O.Ms.No.154, Health, Medical & Family Welfare (A2), 4*^ May, 2002), Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 (Amended upto 8*'^ June, 2017) & Public Notice vide proceedings Lr.Rc.No.999-2/El IB/2022, dated 29.08.2022 issued by the respondent No.2 and consequently direct the respondents to appoint/select the petitioners for the post of Assistant Professor of Anatomy and Physiology under Notification No.02/2023, dated 14.07.2023 without insisting/seeking the production of Senior Residency Certificates and pass such other order or orders as this Hon'ble and Order vide Rc.No.02 dated 27.10.2023 Court may deem fit and circumstances of the case." proper in the 3. This batch of Writ Petitions were listed from time to time before this Court. My Predecessors have issued several Interim Orders from time to time directing the Respondent Authorities not proceed further and in some cases, a direction was given to keep the required number of posts unfilled. The common challenge in all these Writ Petitions revolved around a Notification issued by the Directorate of Medical Education, Government of Andhra Pradesh vide Notification No.2 of 2023 dated 14.07.2023 (Ex.P.3). This Notification is issued for recruitment of posts of Assistant Professors through Direct Recruitment and Lateral Entry relating to clinical and non-clinical posts in the Government Medical Colleges and Teaching Hospitals, which are under the Directorate of Medical Education. The said Notification No.2 of 2023 would state that the recruitment shall be as per the Service Rules issued in G.O.Ms.No.154, HM&FW (A2) dated 04.05.2002 (Ex.P.4). The present controversy relates to the filling-up of non-clinical posts of Assistant Professors relating to the Departments of Anatomy, Bio-chemistry, Micro Biology, Pharmacology and Physiology 14.07.2023 (Ex.P.3) had made it mandatory for the Applicants for the post of Assistant Professor for non-clinical posts to submit a Senior Residency Notification No.2 of 2023 dated 3 fs Completion Certificate. Maximum age prescribed for the Applicants for OC candidates is 42 years, 47 years for the EWS/SC/ST/BC candidates,52 years for Physically Handicapped persons and 50 years for the Ex-servicemen as on the date of Notification. It is also stated that the Rule of Reservation will apply as per the provisions of A.P State and Subordinate Service Rules, 1996 and also as per the G.O.Ms.No.857 & 858, HM & FW Department dated 14.11.2022. Selection procedure is based on marks/grade obtained in the qualifying degree and as per the criteria evolved in Section-ll of Para No.7 of the Notification No.2 of 2023. 4. It is submitted that, insofar as non-clinicai posts are concerned, one must possess M.Sc (Medical) in the related subject for the post of Tutor and M.Sc (Medical) and Ph.D (Medical) for the posts above the Tutor, which includes posts of Assistant Professor as well. 5. In Para No.4 of Section-IV of the said Notification, documents which are required to be submitted are mentioned. Sub-para(l) of Para(4) of Section-IV indicates that the Senior Residency Completion Certificate is also required to be submitted for everyone except the Applicants in Super Specialties, Dental Specialties and candidates applying through Lateral Entry. 6. The Writ Petitioners would submit that the requirement for submission of Senior Residency Completion Certificate was mandatory requirement for all clinical posts in the previous Notifications also, issued in the year 2022 and backwards. By adopting the earlier practice, the Writ Petitioners who have applied for posts of non-clinical subjects, did not enclose the Senior Residency Completion Certificate, because as such, there is no Senior Residency training for the candidates who pursue their M.Sc degrees, which is a well known fact. 7. It is submitted that the Writ Petitioners were surprised to see that the Provisional Merit List published by the Official Respondents on 09.08.2023, had declared the Writ Petitioners as not eligible and the reason indicated 'T%mr therein is that they did not submit Certificate. Having been the Senior Residency Completion p ^^dden dis-qualification Writ Petitioners, they have challenged the in declaring- the Writ Petitioners of the action of the Official Respondents not being eligible for consideration as for the non-clinical posts of Assistant Professors 8. Learned Counsel for the Writ Petitioners have drawn the Petitioners attention of this Court to the status of the Writ declaring them as not eligible as indicated in the Merit List on the ground that the Writ Petitioners submitted the Senior Residency Completion the Writ Petitioners has also drawn have not Certificate. Learned Counsel for the attention of this Court to the various e-mails sent by the Writ Petitioners to the Official Respondents between August to16‘' August that for Ph.D Certificate is not required 11 candidates, Senior Residency Completion per the guidelines issued by the National Commission (for short the ‘NMC’) on 14.02.2022. Table-IA of the Teachers as Medical It is the submission that Eligibilily Qualifications in Medical Institutions 14.02.2022) would indicate Regulations, 2022 (issued Resident “is one who is doing his residencv I obtaining Medical Postgraduate Degree the said Regulations, 2022 on that the Senior y in the concerned department after (MD/MS/DNB)”. Nextiy, Table-1 B would clearly state that M.Sc, Ph.D i of in separate Table did not include Senior Resident (SR) for M.Sc, Ph.D candidates. 9. Learned Counsel for the Writ Petitioners this Court to the vari has drawn the attention of in Modioal , R®9'^'^«ons of the Teachers Eligibility Qualifications Medical Institutions Regulations, 2022, issued Postgraduate Medical Education on 14.02.2022 by the Board of the National Medical Commissiuii. of this Court to Table-IA of Regulation academic qualification of Assistant He had also drawn the attention which clearly states that the MD/MS/DNB in the No.6, Professor is concerned subject, for which one year as Senior Resident in the concerned subject i recognized/permitted Medical Colleoe clearing MD/MS Degree. Insofar as Tutors medical postgraduates. in a after are concerned relating to that non-medical non it has been clearly stated 5 fi postgraduates with M.Sc (Medical) degree shall be called Tutors in whichever departments they are working. In Table-1 B of Regulation No.6, titled as “Index of Broad Specialties in which Persons with rion-Medical Qualifications may be appointed as Faculty (Assistant Professor and beyond)”, for the subject of Anatomy, Biochemistry and Physiology, academic qualification that is required is M.sc (Medical Anatomy) with Ph.D in Medical Anatomy, M.Sc (Medical Biochemistry) with Ph.D in Medical Biochemistry and M.Sc (Medical Physiology) with Ph.D in Medical Physiology. 10. Learned Counsel for the Writ Petitioners would submit that the Regulations did not ask for submission of Senior Residency Completion Certificate, insofar as the non-medical qualifications are concerned, further submitted that in Table-1 C of the Regulation No.6, Senior Resident who is doing his residency in the It is (Medical Postgraduate) is defined as one concerned department after obtaining Medical Postgraduate degree (MD/MS/DNB). 11. Learned Counsel for the Writ Petitioners have submitted that after the Regulations, 2022 were brought into effect by the NMC on 14.02.2022, the Minimum Qualifications for Teachers in Medical earlier Regulation titled as Institutions Regulations, 1998” had been repealed vide Regulation No.16; that vide Regulation No. 14 (Saving Clause), the appointments made under the old Regulations, 1998 have been saved. 12. Learned Counsel for the Writ Petitioners would submit that in the Notification No.2 of 2023 making it mandatory that the Applicants who possess non-dinical postgraduate degrees in medical subjects and also non-clinical non-clinical postgraduates possess stipulates that the postgraduate certification will be considered only, if the vacancies are unfilled by the candidates possessing medical degrees. Learned Counsel for the Writ Petitioners would contend that the Regulations titled as “Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022” were brought into effect by the NMC in exercise of the powers conferred on the said NMC by the 6 A Section 57 of the NMC Act, 2019. The said Regulations were framed by the Postgraduate Medical Education Board and were brought into effect 14.02.2022. it is contended that the Government of Andhra Pradesh ought not to have laid down any condition which is contrary to the Regulations, 2022. It is contended that the two conditions in the Notification No.2 of 2023 namely that only in the case of non-availability of candidates with qualifications MD/MS/DNB/DM, the candidates with qualifications of M.Sc (Medical Anatomy) on regular mode with Ph.D (Medical Anatomy) will be considered and the other condition making it mandatory for non-clinical postgraduate and Ph.D holders to submit the Senior Residency Completion Certificate are contrary to the Regulations, 2022 of the NMC. on 13. In furtherance of their submissions, learned Counsel for the Writ Petitioners have submitted as under: That ail the Writ Petitioners are having M.Sc (Medical) qualification with Ph.D degrees and all of them have been working in various capacities (as Tutors, Assistant Professors and Associate Professors) in various institutions from various lengths of time. That the Writ Petitioners have assumed that the requirement of submission of Senior Residency Complete Certificate was only meant for clinical posts, since there was mandatory requirement of submission of such Certificates for non-clinical posts, for which the Writ Petitioners have applied. Thai one year Senior Residency is not applicable to M.Sc (Medical) and Ph.D (Medical) and is only applicable to candidates who are pursuing MD/MS medical degrees and in that regard. Directorate of Medical Education had also issued notice vide Proceeding bearing Lr.Rc.No.999-2/El 1B/2022 dated 29.08.2022 stating that as per the NMC Regulations dated 14.02.2022 (Teachers Eligibility Qualifications in Medical I. 7 f Institutions Regulations, 2022) in Table-1 B of Regulation No.6 would indicate that Senior Residency for non-medical post graduates in Anatomy, Biochemistry and Physiology is not mandatory. That at no point of time the Directorate of Medical Education (Respondent No.2) had ever issued any Notification making it mandatory for M.Sc (Medical) with Ph.D (Medical) candidates apply for Senior Residency. In fact, Senior Residency is not offered for the candidates who came from the stream of M.Sc (Medical) and Ph.D (Medical) in non-clinical subjects. It is therefore submitted that if the Official Respondents so desire to make Senior Residency Completion Certificate mandatory, the Government should firstly create facilities, by making amendments to the Rules and create new courses, to enable the M.Sc (Medical) to join and complete the Senior Residency Programme. That only with regard to clinical subjects. Senior Residency at postgraduate level is offered, vi. That the A.P Medical Education Service Rules, (G.O.Ms.No.154 , HM&FW (A2) dated 04.05.2002) and the earlier Regulations, 1998 issued by the then Medical Council of India have never made the submission of Senior Residency Completion Certificate mandatory by the Applicants of M.Sc (Medical) with Ph.D (Medical) for the posts of Assistant Professors in Anatomy and Physiology and Biochemistry, vii. That the minimum qualification specified in the Teachers Eligibility Qualifications in Medical Institutions Regulations, 1998 (Amended upto 08.06.2017) and the Government of India, Ministry of Health & Family Welfare, dated 27.05.2019 is that the Medical M.Sc with Medical Ph.D Applicants can be appointed in IV. V. 8 the Departments of Anatomy, Physiology, Biochemistry, Pharmacology and Microbiology. Viii. That the Medical Council of India was dissolved and the National Medical Commission came into existence from 25,09.2020. The State Government has never prescribed or demanded the submission of Senior Residency Completion Certificate insofar as non-clinical posts are concerned. ix. That the Public Notice issued vide Proceeding Lr.Rc.No.999- 2./E11B/2022 dated 29.08.2022 would also clarify that the Senior Residency Completion Certificate is not mandatory for non- clinical posts. X. That it is most pertinent to state that the Directorate of Medical Education (Respondent No.2) had issued Notification 2023 dated 04.08.2023 for the posts of Senior Residents No.1 of and in the said Notification No.1 of 2023 also the Respondent No.2 has asked only for candidates who possess medical postgraduate apply for Senior Resident, which clearly shows that Senior Residency is not applicable to the M.Sc (Medical) with Ph.D (Medical) Applicants for the posts of Anatomy, Biochemistry, Pharmacology, Microbiology and Physiology. degrees such as DM/MCH/MD/MS/DNB to That the Directorate of Medical Education (Respondent No.2) had filed the Counter Affidavit in W.P.No.14467 of 2020 stating XI. that: “24. It is submitted that the respondent Nn 0 filed a counter in W.P.No.14467 of 2020 by stating at para No. 16 that "there IS no rule in Medical Council of India regulations as pointed out by the petitioner, that first only MD/MS candidates are to be appointed as Assistant Professors and if no MD/MS candidates are available then only the M.Sc with Ph.D candidates are to be considered for appointment to the post of Assistant Professor". That the Master of Science Medicine Association has submitted a Representation to the Respondent No.2 on 18.07.2023 raising Xli. objections about making the submission of Senior Residency Completion Certificate to the (Ex.P.13) Submissions of the Official Respondents The Official Respondents have filed Counter W.P.No.21659 of 2023. Sri Y.B. Ramesh, learned Government drawn the attention of this Court to the Notification No.2 of 2023 (Ex.P.3) and would submit that Para No.7 of Section-I of the Notification would that only in the case of non-availability of candidates having the qualification MD/MS in Anatomy, Biochemistry and Physiology from the college recognized by the MCl/NMC, the candidates with M.Sc (Medical) with Ph.D (Medical) Anatomy, Biochemistry and Physiology will be considered on regular mode. For the candidates who are applying under direct recruitment mode, it made compulsory for everyone including the candidates applying clinical posts to submit the Senior Residency Complete Certificate. He would submit that only in the case of paucity of the teachers in non-clinical departments, relaxation upto the Head of the Department may be given by the appointing authority to the non-medical persons, if the suitable medical teacher in the particular non-clinical specialty is not available for the required post. It is also stated that such relaxation will be made only with the prior approval of the NMC and that a non-medical person cannot be appointed as Director or Principal or Dean or Medical Superintendent. 15. In the light of the above submission, the following are the issues that fall for consideration : non-clinical posts as mandatory 14. Affidavit in Pleader has stipulate of in was for non- /. Whether the condition laid down by the Directorate of Medical Education (Respondent No. 2) making it mandatory for the Applicants holding non-clinical degrees (M.Sc (Medical) with Ph.D (Medical)) to submit the Senior Residency Complete Certificate in 10 derogation to the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 ? Whether the condition laid down by the Directorate of Medical Education (Respondent No. 2) that the case of the Applicants holding non-clinical degree (M.Sc (Medical) with Ph.D (Medical)) will be considered in the case of non-availability of candidates with qualifications of MD/MS/DNB/DM is in consonance with the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 II. Issue Nos. I & II. 16. Submissions of the Writ Petitioners as well as the Respondents had been noted by this Court hereinabove. It is noticed that the previous Notifications issued by the Respondent No.2 had never contained the two conditions which are mentioned hereinabove and it was for the first time the Respondent No.2 has chosen to lay down these conditions. These conditions were neither imposed by the earlier Regulations of the Medical Council of India/NMC (Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998) nor the current Regulations, 2022, which came into effect from 14.02.2022 titled as “Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022” issued by the Postgraduate Medical Education Board of the NMC. This Court has also noticed that all the Writ Petitioners possess non-clinical postgraduate degrees and non-clinical Ph.D degrees in their respective medical subjects and that they have been working in various academic/teaching capacities for nearly about a decade in various institutions in different capacities such as Tutors/Lecturers/Assistant Professors and that they have been waiting for considerable period with legitimate expectation that they would have an opportunity to apply for direct recruitment for the post of Assistant Professors in the same terms and conditions which existed until the Notification No.2 of 2023 came to be issued on 14.07.2023. It is also noticed that the Senior Residency Programme is made available only to the medical w 11 postgraduates pursuing their postgraduate degrees in certain subjects which are not categorized as non-clinical subjects. It is also noticed that, insofar as the non-clinical postgraduates (Medical) with Ph.D (Medical), their restricted, inasmuch as there is are concerned, like the holders of M.Sc avenues in Government service are an embargo of being promoted to the posts of Dean of the Faculty or Head of the Department or Director of the Institute etc. Services of such Assistant Professors are confined to limited operations without having any involvement in the treatment of patients. It is also noticed that at one point of time when there was shortage of medical graduates holding degrees of MD/MS/DNB/DM, the Government has opened avenues for the holders of M.Sc (Medical) degrees relating to non-clinical subjects to be appointed as Assistant Professors. 17. It is also noticed that in the Table-IC of Regulation No.6 of Regulations, 2022, a Senior Resident is described residency in the concerned Department after graduation degree (MD/MS/DNB)'. This makes it clear that for a non-medical post graduates to as ‘one who is doing his obtaining Medical Post there is no scope ever seek an admission into Senior Residency programme because admission into Senior Residency is only open to Medical Postgraduate degrees holders such is pertinent to observe that in as MS/MD/DNB. This apart, it Table-1 B of Regulation No.6 of Regulations, 2022 relating to subjects of Anatomy, Biochemistry and Physiology, the are prescribed relate to M.Sc with the concerned medical subject along with Ph D in the concerned medical subject. The said Table-1 B is usefully extracted hereunder: academic qualifications which Table 1B: Index of Broad Specialties in which Persons with non- Medical Qualifications may be appointed as Faculty (Assistant Professor and beyond) Name of the ^ Specialty Anatomy S.No. Academic Qualification 1. M.Sc (Medical Anatomy with Ph.D Medical Anatomy M.Sc (Medical Biochemistry with ^h.D Medical Biochemistry 2. Biochemistry 12 3. Physiology M.Sc (Medical Physiology with Ph.D Medical Physiology 18. When the existing statute as promuigated by the NMC (Regulations, 2022) has very clearly stipulated the difference between the Medical Post Graduate Degrees and its requirement of possessing of one year Senior Residency Complete Certificate as compared to that of non-medical post graduates with M.Sc (Medical) with Ph.D (Medical), the RespondentNo.2 has not been able to justify with reason as to why this definition had been obliterated by it. When the statute does not permit non-medical post graduate with M.Sc (Medical) with Ph.D (Medical) to ever take an admission into Senior Residency Programme, this Court is unable to countenance as to how such candidates could at all produce Senior Residency Completion Certificate. Imposing a requirement which is just an impossibility and which is not even contemplated under the statute is an antithesis to the rule of law, inasmuch as such deviations by the State can never be permitted and this approach by the Government cannot stand to the test of rationality and reasonableness under Article 14 of the Constitution of India. In respect of the Corrigendum dated 06.04.2022, which is a clarification to the Public Notice dated 29.03.2022. 19. In the present batch of Writ Petitions, as indicated earlier, that in the Notification No.2 of 2023 for non-medical post graduates with M.Sc (Medical) with Ph.D (Medical) will be considered, only if MD/MS/DNB/DM are unavailable, is contrary to the Regulations, 2022. Similarly, imposing a requirement on the non-medical post graduates with M.Sc (Medical) with Ph.D (Medical) to produce Senior Residency Completion Certificate is also contrary to the Regulations, 2022. 20. In this view of the matter, such conditions in the Notification No.2 of 2023 which are contrary to the Regulations, 2022 are unsustainable in law, and are hereby quashed. Consequently, the Provisional Merit List published by the Official Respondents on 09.08.2023 shall also stand quashed with a further direction to the Respondents to prepare a fresh Provisional Merit List in 13 accordance with the Order of this Court and publish the same within eight weeks from the date of uploading of this Order in the Website of this Court. It is clarified that in respect of other contentions raised by the Writ Petitioners such as adjustment of the post meant for the disabled person (hearing impairment) or conversion of reserved posts into general category so on so forth, shall be considered by the Respondents in accordance with law inasmuch as the Rules in respect of these issues are already in place. 21. With these observations and directions, the Writ Petitions are allowed. No Order as to Costs. 22. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER One Fair Copy to Hon’ble Sri Justice Gannamaneni Ramakrishna Prasad , ,. ^ ,, une t-air uopy Lordship’s kind perusal) To, 1. The Principal Secretary Health Medical & Family Welfare Department Ground Floor Room No. 157, State of Andhra Pradesh V- Block, Secretariat, Velagapudi, Amaravati, Guntur District. Directorate of Medical Education, Old Govt General Hospital 2. The Campus, Vijayawada, Krishna District. 3. The Member Secretary Board, 3^^ Floor, PHYCARE Building, Mangagiri, Guntur District. Union of India, Ministry of Health & Family Welfare, Andhra Pradesh Medical Services Recruitment 4. The Secretary, Krishi Bhavan, New Delhi. F 48 The Chairman, National Medical Commission, Pocket No.4, Sector 8, Dwaraka Phase-1, New Delhi-110077. 9 L.R. Copies. The Under Secretary, Union of India, Ministry of Law, Justice & Company Affairs, New Delhi. The Secretary, Andhra Pradesh High Court Advocates’ Library, High Court of Andhra Pradesh. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUO One CC to Sri V.R.Reddy Kovvuri, Advocate [OPUC] One CC to Sri Madhu Sudhana Sai Ram Asadi, Advocate [OPUC] Two CCs to GP for Services-iV, High Court of Andhra Pradesh. 5. 7. 8. 6. 7. 8. 9. 10. OUT One CC to Sri Y.V.Anil Kumar, Central Government Counsel 11. [OPUC] 12. One CC to Sri O.Udaya Kumar, Central Government Counsel One CC to Sri S. Vivek Chandra Sekhar, SC for National Medical Commission.[OPUC] One CC to Ms. S.V.Buvaneswari, SC for Andhra Pradesh Medical Services Recruitment Board.[OPUC; Two CD Copies. 13. 14. 15. gi 49 HIGH COURT DATED:17/06/2025 COMMON ORDER: WP.Nos.21631 of 2023; WP:6838/2023 WP:17406/2023, WP:18405/2023, WP-21659/2023 WP;22491/2023, \NP:22562I2023, WP: ’ WP:23848/2023, WP:25151/2023 WP:28503/2023, WP:29248/2022, WP-31372/2022' WP:33278/2022, WP:33412/2022 WP-33733/2022’ WP:33894/2022 and WP:35248/2b22 ’ 23128/2023, ALLOWING THE WRIT PETITIONS WITHOUT COSTS