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2025 DAILYLAW 26579 (AP)

CHUKKA DIVYA KEERTHANA REDDY v. THE ANDHRA PRADESH MEDICAL COUNCIL

WA/842/2025 · 2025-08-03

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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/ APHC010375492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND , HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 842 OF O IS °f the Letters Patent against the order in W.P. No. 229 of 2025 datod 28/04/2025 Between: HON’BLE SRI on the file of the High Court. 1. Chukka Divya Keerthana Reddy, D/o Chukka Sridhar, aged 25 years, Occ: Un-employee, R/o 58-21-47, NAD, Butchirajupalem, Visakhapatnam. 2. Repati Meghana, D/o Ramanjaneyulu, aged 25 years, Occ: Un-employee, G-3, Block-2, Government Medical Quaters, Jesus Nagar, Ananthapur. 3. Badam Pradeepa, D/o Vijaya Bhaskar Reddy, aged 25 years, Occ: Un-employee, R/o.H.No. 11-3-2-1-5-2, Opposite HP Petrol Bunk, VN Puram, Podili, Prakasam District. 4. Vajji Harshitha, D/o. Vajji Kameswara Rao, aged 25 years, Occ: Un-employee, R/o. H.No. 49-90/2, Vajji Street Gollapalli, Bobbili, Vizianagaram District, ' ...Appellants/ Writ Petitioners No. 1,5,12 & 24 AND The Andhra Pradesh Medical Council Rep by its Registrar, Gunadala, Vijayawada. 01. 02. The State of Andhra Pradesh, Rep by its Principal Secretary, Health Medical and Family Welfare Dept, Secretariat, Velagapudi, Guntur District. Th_e..Director Medical Education, The'state of Andhra Pradesh, Vi^yawada. I . 03. I, /■ f 04. The National Medical Council of India, Rep by its Chairman, Pocket No. 14 Sector-3 Dwaraka, New Delhi. j I 3 fi i ...Respondents/ Respondents in W.P. i I ’ 05. Katta Vamsi S/o Venkata Ramana, Aged about 29 years. Occ: Un-employee R/o: H.No. 40/406, Eswarnagar Beside Gopi Reddy Foams, Kurnool. Chandaka Sai Manogna D/o Venkata Surya Mahesh, aged 27 years Occ: Un-employee. R/o H.No.45-57-13/2, GF-I, Hari Towers, Narasimhanagar, Salagramapuram, Visakhapatnam. i ! I • • 1 06. i » J \ 07. Gonam Chaitanya S/o Satyanarayana, aged 26 years Occ: Un-employee, R/o H.No.2-1-12/A, GBC main Road, Ponnuru, Guntur District. > > i 08. Bathini Jessy Manisha, D/O Bathini Chittibabu, aged 26 years, Occ: Un-employee, R/o.H.No.5/1094-2 Srirama Nagar, Proddatur, Kadapa District. i ! ) i 09. Ramavathu Pavan Kalyan Naik, S/o Ramavathu Govinda, aged 24 years, Occ: Un-employye, R/o. Rukubazar Ramalayam Bazar, Kothapet, Vinukonda. J » y 10. Ranjitha Sushira Akella D/o ASR Swamy, aged 27 years Occ: Un-employye, R/o. H.No. 3-69/3, Plot. No. MIG-134 Midhilipuri Vuda Colony, Madhuruwada, Visakhapatnam. I I 1 > 11. Seetala Naga Vara Prasad D/o Seetala Babji, aged 26 years R/o.H.No.68-20-1, PVSSEnterprises, Revenuecolony Road.No.4 Lalacheruvu, Rajahmundry, E.G District. » 7 I Metta Pragathi 12. i D/o Prema Rao, aged 25 years, Occ: Un-empioyee, R/o.H.No.Sri Surya Vihar Apartments T2,Sana Street, DCCBE Colony, Srikakulam. s/ Yalagala Narendra Srikar, S/o Prasad, aged 26 years, Occ: Un-employee, R/o.H.No. 1-130/1, NearSivalyam Punuru, Bapatia District. 13. P. Munthalamadugu Samitaj, D/o. M.Jaffar Sadaq Peeran, aged 26 years, Occ: un-empioyee, R/o.H.No.1/677/b/1, Rudrampeta By Pass, Behind D-Mart, Anantapur District. 14. Kintali Tejesh, S/o Suryanarayna, aged 26 years, Occ: Un-employee, R/o.H.No. 19-23-5, Nellimukku Gondesiveedhi, Pedagantyada, Visakhapatnam. 15. Tammineni Spandana, D/o. Tammineni Ramesh, aged 28 years, Oco: Un-employee, R/o. Flat. No.SI, 3rd Floor, Harika Apartment, P.N.Colony Srikakulam, 16. Nerella Ravi Kiran, S/o. Sreenivasulu, aged 26 years, Occ: Un-employee, R/o. Flatno. 103 Pavani Apartment, Vedayapalem, Nellore. 17. Sayed Imran, S/o. Sayedibrahim, aged 25 years, Occ: Un-employee, R/o. H.No.5-9M-21/2, Hazinagar, Nandikotkurkurnool District. 18. 19. Akula Narayana Datta, S/o Akula Kula Sekhar, aged 26 years, Occ:Un-employee, R/o.H.No.20-1 471, LI8 Maruthi Nagarkorlagunta, Tirupati. 20. Boddeti Harsha Vardhan, S/o. Hanumanthu Rao, aged 26 years, Occ: Un-employee, R/o. H.No.l63, Rajeev Nagar Colony, Dasannapeta, Vizianagaram I 21. Gara Sravya Sri D/o Satyanarayana, aged 25 years, Occ: Un-employee R/o.H.No. 14-127, Godu Street, Neilimarla Village, Nellimarla (M), Vizianagaram district. 1. ; ! ; : 22. Dandu Ganesh Reddy, S/o Dharma Reddy, aged 26 years, Occ: Un-employee, R/o.H.No. 51/98-27-6B Narasimha Reddy Nagar, Kothapeta, Rayachoty, Kadapa District. : i: f 23. Chode Evangelin Vijay Kumar, S/o Ghode Vijaya Kumar, aged 26 years, Occ: Un-employee, R/o. C- 60 KPT colony, Gopalpuri, Gandhidham, Kutchdistrict. I 24. Krovi Bhavana, D/o KroviSrinivasa Rao, aged 25 years, Occ: Un-employee, R/o.H.No. 16/373/24, Vinayak Street, Machilipatnam, Krishna District. :i •' 25. Bathala Chaitanya Krishna, S/o Bathala Yellappa, aged 29 years, Occ: Un-employee, R/o. Plotno:102, Machani Gardens Extension, NallagangammaTemple street, Srinivasa Mangapuram Road Tirupati (Rural). (Respondents 05 to 25 are not necessary parties) ...Respondent/ Writ Petitioners lA NO: 3 OF 2Q2fi 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 1st respondent to allow the appellant’s application for issuance of permanent registration number. lA NO: 4 OF 2025 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 dated 28/04/2025 passed in W.P No. 229 of 2025. / Counsel for the Petitioners: SRI PONNADA SREE WAS REPRESENTING SRI AMIRISETTY SAI RAGHAVA Counsel for the Respondents: SRI V V ANIL KUMAR(SC FOR AP MEDICAL COUNCIL) Counsel for the Respondents: SRI VIVEK CHANDRA SEKHAR S Counsel for the Respondents: GP FOR MEDICAL HEALTH The Court made the following order: FW r .4 Bench Sr.No:- APHC010375492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 13 [3483] WRIT APPEAL NO: 842 of 2025 Chukka Divya Keerthana Reddy and others ; ...Appellants Vs. ...Respondents The Andhra Pradesh Medical Council and others Sri Ponnada Sree Vyas representing Sri Amirisetty Sai Raghava • Sri V. V. Anil Kumar, learned Standing Counsel for A.P. Medical Council, Sri S. Vivek Chandra Sekhar. Advocate for Appellants Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 4th August 2025 PC : The petitioners were all undergoing M.B.B.S. Courses in countries outside India and to be more precise, from a Medical College which was situate in Kyrgyztan. On account of Covid Pandemic, the curriculum of the petitioners’ course got disturbed. The petitioners had to return to the country in the year 2020 and attended online classes for and 8^^ semesters according to the petitioners, which is contradicted by the learned counsel for the respondents, who states that the petitioners underwent the online classes for 7“", 8‘^ 9^'' and lO**" semesters. 2 It appears that the National Medical Council (N.M.C.), with a view to alleviate the problem faced by the students, permitted them to undergo internship programme in the country even when the students were required to undergo one year compulsory internship programme in the same Medical Institution where they were undergoing training. This was done with a view to enable the candidates who had missed their physical studies in the concerned institutions. The dispute in the present case is whether the petitioners should be asked to undergo one year or two years or three years internship programme. 3. The petitioners’ case is that they need to undergo only one year internship programme inasmuch as they had undergone successfully the five years’ course in theif parent institutions in Kyrgyztan, which is disputed by the learned counsel for the respondents. 4. According to the respondents, it would be impossible for a candidate to attend physically and simultaneously the curriculum for semesters 7, 8, 9 and 5. 10. Our attention has also been drawn to certain entries in the confirmation letter issued by the concerned University in Kyrgyztan as also the Visa entries relating to the petitioners to show that what was being claimed by the petitioners that they had successfully undergone the course was even 6. 3 otherwise not in accordance with the relevant Rules and Regulations and was impossible to achieve otherwise also. 7. The petitioners, having approached the learned single Judge by way of W.P.No.229 of 2025, failed in their attempts and the petition was dismissed and hence, the present Writ Appeal. Needless to say that the petitioners seek permanent registration with j I the AP. Medical Council, which is refusing to grant permanent registration on account of their alleged non-completion of the mandatory curriculum. It can be seen that the official respondents are under an obligation to consider each and every aspect with a view to satisfy themselves regarding the claim of the 8. petitioners to have successfully completed the requisite course in Kyrgyztan or not, which would then determine the duration of the internship programme in the country as per the policy framed by the N.M.C. following the directions of the Apex Court in The National Medical Commission vs. Pooja Thandu Naresh & others (Civil Appeal Nos.2950 - 2951 of 2022) vide judgment dated 29.04.2022. 9. In the instant case, it appears to us that the issue was decided by the learned single Judge without the official respondents having passed any specific order dealing with the case of the petitioners/appellants herein. 10. We, therefore, set aside the judgment and order impugned and direct respondent No.1 to consider all the aspects in detail and pass appropriate w 4 speaking orders on whether the petitioners/appellants herein are required to undergo one year/two years/three years internship programme which they ought to undergo in accordance with the Government Rules and Regulations. It would be open to the respondents to seek any clarification and information from the petitioners which would enable them to determine the eligibility of the petitioners. The Writ Appeal is, accordingly, allowed. No order as to costs. 11. Pending miscellaneous applications, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT registrar //TRUE COPY/i SEC OFFICER To, 1. The Registrar, Andhra Pradesh Medical Council, Gunadala, Vijayawada. 2. The Principal Secretary, Health Medical and Family Welfare Dept, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 3. The Director Medical Education, The State of Andhra Pradesh, Vijayawada. 4. The Chairman, National Medical Council of India, Pocket No. 14, Sector-3 Dwaraka, New Delhi. 5. One CC to Sri. Amirisetty Sai Raghava Advocate [OPUC] 6. One CC to Sri. V V Anil Kumar(SC for AP Medical Council) [OPUC] 7. One CC to Sri. Vivek Chandra Sekhar S Advocate [OPUC] 8. Two CCs to GP for Medical Health FW, High Court of Andhra Pradesh [OUT] GSC high court DATED:04/08/2025 ORDER WA NO. 842 OF 2025 5 IS AUe 2o?5 ^ Curreni iieciion ov ALLOWING THE WA WITHOUT COSTS