THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.1668 of 2010 22.2.2010 Between: J.Venu Gopala, S/o.Raghu Ramaiah And others … Petitioners AND Medical Council of India, represented by its Registrar, New Delhi And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.1668 of 2010 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) First petitioner is Priest in Chidapalli Village of Yerpadu Mandal in Chittoor District and petitioners 2 and 3 are businessmen. All of them claimed to be social workers. They filed instant writ petition seeking writ of Mandamus – (a) directing respondent Nos.1 to 3 to forthwith take action on 4th respondent and restrain her from attending the functions of teacher or the functions of a Surgeon or Physician. (b) Direct the respondent No.1 to pass order in respect of the superspeciality course in DM/MCH (CVTS) with reference to the detail furnished by 4th respondent in the declaration form for the year 2007-2008. (c) Direct the 1st respondent to take a decision forthwith about the eligibility of the 4th respondent to be an examiner of PG or Superspeciality courses or to be a guide or visitor. (d) Direct the 1 & 2 respondents to conduct detailed enquiry about the deaths of persons mentioned in paragraph No.6 of the affidavit. Shorn off unnecessary details, the brief fact of the matter is as follows. The fourth respondent is Cardio Thoracic (CT) Surgeon and Professor in Sri Venkateswara Institute of Medical Sciences (SVIMS), third respondent herein. She is allegedly not qualified to be CT Surgeon and, therefore, not authorized to practice the said speciality, as the same is prohibited by the Indian Medical Council Act 1956 (the Act, for brevity). SVIMS is also conducting post graduate and super speciality courses. The fourth respondent passed DM/MCH (CVTS) from Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow (hereafter, Rajiv Gandhi Institute) in1994. Therefore, her qualification is not recognised as per Section 11 of the Act. According to petitioners, Rajiv Gandhi Institute was recognised in May 1995 whereas fourth respondent obtained her qualification in 1994. Petitioners allege that though fourth respondent is not competent, third respondent promoted her as Professor and Head of the Department of CT Surgery, which is in contravention of Section 20 of the Act. They further allege that due to surgeries conducted by fourth respondent as well as treatment given by her, there was death of six patients in 2005, ten patients in 2006, eight patients in 2007 and eighteen patients in 2008. Therefore, they filed instant writ petition seeking reliefs as above. This Court heard learned Counsel for petitioners and learned Standing Counsel for Medical Council of India. After giving anxious consideration to the alleged circumstances prompting the petitioners to approach this Court invoking Public Interest Litigation jurisdiction, we are of considered opinion that writ petition cannot be entertained. Admittedly fourth respondent has already been promoted as Professor and Head of the CT Surgery Department. Indisputably, she obtained Superspeciality qualification from Rajiv Gandhi Institute and, therefore, unless and until her appointment is challenged and is set aside by competent Court or tribunal, the same holds good. In a PIL case, a public appointment made in accordance with the regulations of SVIMS cannot be predicted. The petitioners have directly approached this Court without approaching the Government or the Director of SVIMS. They can do so now. As and when they approach these authorities, they may look into the matter and take necessary action. Giving liberty to the petitioners as above, the writ petition is dismissed. _____________ (V.V.S.RAO,J) __________________ (B.N.RAO NALLA, J) February 02, 2010. YS