IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.28177 OF 2009 DATED:23.8.2010 Between: K. Parthasarathi … Petitioner And Dr. D. Prasada Rao, Director Nizams Institute of Medical Sciences, Punjagutta, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.28177 OF 2009 ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Writ of quo warranto is sought to be founded by the petitioner on the ground of deterioration of the Nizam’s Institute of Medical Sciences (NIMS). The allegation so levelled having been refuted by the respondents satisfactorily, the cause urged becomes untenable. Significantly, credentials of the appointee – first respondent – Director, including the fact of his being a renowned Cardiothoracic Surgeon and an awardee of Padmasree, besides his other capabilities in the field are not disputed, yet, he is sought to be dislodged notwithstanding the fact that his first appointment which had come into being in the year 2004 was never questioned. There is no denying that the first respondent’s basic appointment was made in pursuance of the recommendations of the Committee constituted for the purpose. State and its functionaries have all praise for his functioning, as is evidenced by their counter, apparently there appears no justification in the writ petition filed on 22-12-2009 throwing challenge to the reappointment of the first respondent which dates back to 2007. Factual background apart section 17 of the Nizam’s Institute of Medical Sciences Act, 1989 specifically envisages reappointment of an appointee and the first respondent being an appointee by a mode of selection prescribed for the post in question, therefore, we find nothing wrong with his reappointment. More so, he is in position of the post since 2004 and for last more than two years by dint of his reappointment. Situated thus, we find no cause to intervene. Dismissed. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 23-8-2010 B. Narsinga Rao