Andhra Pradesh High Court - Amravati
Dr Ganjari S Lova Bapi Raju vs The State Of Andhra Pradesh, on 15 December, 2021
Bench: Prashant Kumar Mishra, M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION Nos.24888, 25033 and 25078 of 2021
(Through physical mode)
W.P.No.24888 of 2021
Dr. Ganjari S Lova Bapi Raju, S/o Sri Raju Babu,
Aged about 30 years, Occ: Medical Officer,
R/o care of Primary Health Centre, (Tribal area)
Tajangi, Visakhapatnam, Andhra Pradesh and others.
..Petitioners
Versus
The State of Andhra Pradesh,
Rep., by the Principal Secretary,
Department of Health, Medical & Family Welfare,
Secretariat Buildings, Velagapudi,
Guntur District, Andhra Pradesh and others.
...Respondents
W.P.No.25033 of 2021
Dr. B. Sivakrishna, S/o Kondaiah Bandha,
Occ: Medical Officer, PHC, Narasapuram,
Kadapa District and others.
..Petitioners
Versus
The State of Andhra Pradesh,
Rep., by the Principal Secretary,
Department of Health, Medical & Family Welfare,
Secretariat Buildings, Velagapudi,
Guntur District, Andhra Pradesh and others.
...Respondents
W.P.No.25078 of 2021
Dr. R. Chandrasekhar, S/o R. Nagasankar,
Aged 43 years, Occ: Medical Officer,
Yemmiganur, Kurnool District,
R/o Flat No.G6, Abhisreenivasa Apartment,
Kurnool-518 002 and others.
..Petitioners
Versus
The State of Andhra Pradesh,
Rep., by the Principal Secretary,
Department of Health, Medical & Family Welfare,
HCJ & MSM,J
Secretariat Buildings, Velagapudi,
Guntur District, Andhra Pradesh and others.
...Respondents
Counsel for the petitioners : Mr. P. Thirumala Rao
Counsel for respondent No.1 : GP for Medical, Health & Family Welfare
Counsel for respondent No.2 : Mr. S. Vivek Chandra Sekhar
Counsel for respondent No.3 : Mr. G. Vijaya Kumar
Counsel for respondent No.4 in : Mr. Butta Vijaya Bhaskar.
W.P.Nos.25033 & 25078 of 2021
COMMON ORDER (ORAL)
Dt:15.12.2021
(per Prashant Kumar Mishra, CJ)
These writ petitions are preferred challenging the inaction of the
State and its instrumentalities in devising a scheme so as to provide equal
opportunity to the in-service candidates/Doctors in terms of the judgment
of the Hon'ble Supreme Court in Tamil Nadu Medical officers'
Association & Others vs. Union of India reported in 2020 SCC
Online SC 699, as being arbitrary and in gross violation of the
petitioners' fundamental right guaranteed under Article 14 of the
Constitution of India, and seeking a direction to the respondents to
implement G.O.Ms.No.260, dated 10.07.1997, G.O.Ms.No.123, dated
23.04.2005, G.O.Ms.No.19, dated 27.01.2006, G.O.Ms.No.44, dated
25.02.2005 and allied State Government instructions issued in respect of
reservation to in-service candidates/Doctors in the matter of admissions to
Post Graduate Medical Courses/Degrees for the academic year 2021-22.
2. During the pendency of these writ petitions, the respondents
informed this Court that the State Government is considering issuance of
G.O. for providing the reservation for in-service candidates in the P.G.
Degree courses. On 09.11.2021, it was informed to the Court that the
HCJ & MSM,J
department of Health, Medical and Family Welfare has constituted three
member committee to examine the proposal for in-service quota for PG
MD/MS/MDS seats in clinical and non-clinical branches in State Quota and
submit a report/recommendations to the Government.
3. On 14.12.2021, a memo was filed on behalf of the 1st respondent
stating that the 1st respondent issued G.O.Ms.No.150, Health, Medical and
Family Welfare (C1) dated 11.12.2021 and the same was published in
Gazette Notification dated 13.12.2021, whereunder certain amendments
were made to the Andhra Pradesh Medical Colleges (Admission into Post
Graduate Medical Courses) Rules, 1997 issued in G.O.Ms.No.260, HM &
FW (E2) Department, dated 10.07.1997. The amended provision now
prescribes that out of 50% of the seats in State Government quota, 30%
of clinical & 50% of non-clinical seats will be exclusively allocated to in-
service candidates serving in Government Health institutions in the State
of Andhra Pradesh.
4. In view of the above, the writ petitions have been rendered
infructuous.
5. Accordingly, the Writ Petitions are disposed of with an observation
that the amendment carried in the Rules by way of Gazette Notification
dated 13.12.2021 shall apply to the notification dated 04.11.2021 issued
during the pendency of the writ petitions for the present academic
session. No costs. All pending miscellaneous applications shall stand
closed.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY,J
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