::1:: APHC010008252023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 443/2023 Between: 1. BAILAAL AHMED SYED, AGED 30 YEARS, OCC. ADVOCATE, F-116, A-BLOCK, JP APARTMENTS, OLD R.R.PETA, VIJAYAWADA- 520001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY., PRINCIPAL SECRETARY MEDICAL AND HEALTH DEPARTMENT, A.P SECRETARIAT, AMARAVATI. 2. THE DISTRICT MEDICAL AND HEALTH OFFICER, GUNTUR, GUNTUR DISTRICT, A.P. 522004. 3. THE DISTRICT COORDINATOR OF HOSPITAL SERVICES, GUNTUR, GUNTUR DISTRICT. 4. THE MEDICAL OFFICER, CHC, VINUKONDA, PALNADU DISTRICT. 5. N BUTCHI BABU, AGED. MAJOR, OCC. MEDICAL OFFICER, CHC, VINUKONDA, PALNADU DISTRICT. 6. THE MEDICAL COUNCIL OF INDIA, SECTOR-8, POCKET- 14, DWARKA, NEW DELHI-110077. ::2:: 7. SUB INSPECTOR OF POLICE, SAVALYAPURAM, VINUKONDA CIRCLE, PALNADU DISTRICT. ...RESPONDENT(S): 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents 2 to 4 and 6 on petitioners Representation dt. 20.12.2022, and to take action against the 5th respondent for his professional misconduct as a doctor, without conducting any medical test, diagnosis, in collusion with the 7th respondent issuing a letter in the style of medical certificate without conducting any test on the petitioner is illegal in respect of foisting false criminal cases without fallowing the procedure laid down under the law is illegal irregular, irrational, arbitrary and violative of Article 14, 16 and 21 of the constitution of India and consequently direct the respondents 2 to 4 and 6 to suspend the license of the 5th respondent to practice as a doctor after due enquire on the petitioners representation dt. 20.12.2022 and to pass Counsel for the Petitioner: 1. M SOLOMON RAJU Counsel for the Respondent(S): 1. GP FOR HOME 2. G L NAGESWAR RAO 3. VIVEK CHANDRA SEKHAR S 4. SODUM ANVESHA 5. GP FOR MEDICAL HEALTH FW(AP) ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.443 of 2023 This Court made the following ORDER: Learned counsel for the petitioner submits that the present writ petition is filed by the petitioner challenging the inaction of the Respondent Nos.2 to 4 and 6 upon the representation submitted by the petitioner on 20.12.2022 to take action against the 5th Respondent for his professional mis-conduct as Doctor. He further submits that even though the representation submitted on 20.12.2022, the Respondent Nos.2 to 4 not initiated any action against the Respondent No.5, who caused for medical negligence. Hence the writ petition. 2. On the other hand, learned Government Pleader appearing for Respondent Nos.1 to 4 but filed counter on behalf of Respondent No.4, wherein it is stated that as per the report of the A.P. Medical Council, dated 29.05.2024, pursuant to the complaint of the petitioner they got conducted detailed enquiry and finally opined that the “Drunkenness Certificate” issued by Dr. ::4:: N. Buchibabu in the early hours of 27th October, 2022, at 03:30 AM, while he was working at the CHC Vinukonda, Palnadu District, is found to be in order, as per the Government norms prescribed in that regard. Hence, the Andhra Pradesh Medical Council did not find a reason to attribute any medical negligence or infamous conduct in any professional respect to Dr N. Buchibabu in issuing the “Drunkenness Certificate” in this case. The case shall be closed without any further action. In view of such finding by the Competent Authority the representation of the petitioner was duly considered and a reasoned order was passed. 3. Heard learned counsel for the petitioner and learned counsel for 3rd Respondent, learned Government Pleader for 4th Respondent and learned Standing Counsel for Respondent Nos.5 and 6 and perused the material on record. 4. As stated at the counter-affidavit filed by the 4th Respondent, which reveals that the grievance of the petitioner was considered and the matter was referred to concerned authority i.e., A.P. Medical Council for appropriate action. It appears that the Council got enquired the matter through the Ethics Committee and finally resolved that the certificate issued and examination done by the 5th respondent is in accordance with ::5:: the settled procedure and medical norms and not found any reason to attribute any medical negligence or infamous conduct in any professional respect against the 5th Respondent. 5. In view of the clear and categorical findings by the Disciplinary Committee of A.P. Medical Council, the grievance of the petitioner was redressed. However, still if the petitioner intends to pursue the matter to prove the medical negligence against the 5th Respondent, the petitioner is at liberty to proceed further and to initiate appropriate proceedings before appropriate forum. 6. Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 06.02.2026 krk ::6:: ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.443 of 2023 DT: 06.02.2026 krk 56