IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE J.CHELAMESWAR and THE HON'BLE MR JUSTICE GHULAM MOHAMMED WRIT APPEAL NO.2107 OF 2004, W.P.Nos.25082, 25237, 25240, 23646, 21814 OF 2004, 2108, 234, 2109, 2136, 3963, 1367, 2154, 2724, 2726 AND 3229 0F 2005 WRIT APPEAL NO : 2107 of 2004 Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06/12/2004 in WP NO : 21814 OF 2004 on the file of the High Court. Between: Dr. D. Peraiah Chetty S/o Venkata Swamy R/o Arundalpet 2/3-4 Cross Road, Guntur, Having Permanent R/o Ravurpet, Vetapalem Post, Bapatla Taluq, Guntur District ..... APPELLANT AND 1 Medical Council of India, having its Office at Aiwan-E-Galib Marg, Kotla Road, Mata Sundari College (For Women), New Delhi 2 The Secretary, medial Council of India Aiwan-E-Galib Marg, Kotla Road, Mata Sundari College (For Women), New Delhi 3 The Registrar, A.P State Medical Council, Sultan Bazar, Hyderabad 4 The Union of India, rep by Secrtary, Ministryof Health, New Delhi 5 The Director of Medical Education, Sultan Bazar, Koti, Hyderabad 6 Katuri Medical College & Hospital, Chinakondrapadu, Guntur District, rep by Principal 7 Dr. Pinnamaneni Siddartha Institute of Medical Sciences, Chinaoutpalli, Gannavaram Krishna District rep by Principal 8 PES. Institute of Medical Scienes, Kummpam, Chittoor Distric rep by Principal 9 Warangal Institute of Medical Sciences, Warangal, Warangal District rep by Principal 10 Chalmeda Anand Rao Institute of Medical Sciences, Karimnagar, Karimnagar District rep by Principal .....RESPONDENTS Counsel for the Appellant: MR.CH.RAVINDRA BABU Counsel for the Respondents NO.1&2: MR.S.NIRANJAN REDDY Counsel for the Respondent No.3: Mr. MOVVA CHANDRA SEKHAR RAO Counsel for the Respondent No.4: S.C. FOR CENTRAL GOVERNMENT Counsel for the Respondents No.5 to 10: G.P. FOR MEDICAL HEALTH AND FAMILY WELFARE WRIT PETITION NO : 25082 of 2004 Between: Dr.G.E.Reddy, s/o late Adinarayana Reddy, r/o Flat No.207 Metro Classique Apartments, A.C.Guards, Hyderabad-500 004. ..... PETITIONER AND 1 The Secretary, medical Council of India, Allwan-e-Galib Marg, Kotla Road, New Delhi-110 002. 2 The Union of India, rep., by its Secretary, Ministry of Health, New Delhi. 3 The Registrar, A.P.State Medical Council, Sultan Bazar, Hyderabad-500 095. 4 The Director of Medical Education, A.P.Sultan Bazar, Hyderabad-500 095. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction and more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in erasing the name of the petitioner/from the Medical Council Registrar for the period from 1-11-2004 to 31-7- 2007 without furnishing a copy of the final order to the petitioner is illegal, without jurisdiction, arbitrary, discriminatory and void; and consequently direct the respondents to restore the name of the petitioner in the A.P.State Medical Council Register and in the Indian Medical Register. Counsel for the Petitioner: MR.J.SIDDAIAH Counsel for the Respondents No.1 and 4: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent No.2: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.3: S.NIRANJAN REDDY WRIT PETITION NO : 25237 of 2004 Between: 1 Dr. S.S.Hari Prasad, S/o Seetapathy, Flat No.105, Sriram Srinidhi Apartments Kukatpally, Hyderabad. 2 Dr.K.Suryakumari, W/o Dr. K.V.Narayana Rao, 403, Tirumala Residencey Vidyanagar, Hyderabad. 500 044. 3 Dr. G.Suvarna Kumari, W/o S.Feter, Flat No.202, Plot No.16 P &T Colony, Hyderabad - 500 080. 4 Dr. M.Bhupathi Reddy, S/o Jayapal, 28-1-158 Chaderghat, Hyderabad. ..... PETITIONER(S) AND 1 The Secretary, Medical Council of India, Aiwan-e-Galib Marg, Kotla Road, New Delhi 110 002. 2 Union of India, Rep.by its Secretary Ministry of Health, New Delhi. 3 The Registrar, AP.State Medical Council Sultan Bazar, Hyderabad. 4 Director of Medical Education, AP.Sultan Bazar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Issue a writ , order or direction and more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in erasing the names of the Petitioners from the Medical Council Register for the period from 1/11/2004 to 31/07/2007 without even serving a copy of the final order to the petitioners as illegal, without jurisdiction, arbitrary, discriminatory, against the Principles of Natural Justice and void; and consequently direct the Respondent to restore the names of the Petitioner in the AP.State Medical Register and in the Indian Medical Register. Counsel for the Petitioner: MR.J.SIDDAIAH Counsel for the Respondents No.1&4: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondents No.2: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.3: S.NIRANJAN REDDY WRIT PETITION NO : 25240 of 2004 Between: 1 Dr. N. Hari, S/o Rajaiah, 1-7-578, Ramnagar, Hyderabad. 2 Dr. R.A. Ginde, S/o Mr. Ginde, Khaja Banda Nawaz Institute of Medical Sciences, Gulbarga - 585 104. 3 Dr. S. Yella Rao, S/o Sanyasaiah, R/o Hyderabad. 4 Dr. S. Shymala Kumari, W/o S. Yella Rao, R/o Hyderabad. ..... PETITIONERS AND 1 The Secretary, Medical Council of India, Aiwan-e-Galib Marg, Kotla Road, New Delhi 110 002. 2 The Union of India, Rep. by its Secretary, Ministry of Health, New Delhi. 3 The Registrar, A.P. State Medical Council, Sultan Bazar, Hyderabad. 4 The Director of Medical Education, A.P. Sultan Bazar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in erasing the names of the Petitioners from the Medical Council Register for the period from, 1-11-2004 to 31-7- 2007 without even serving a copy of final order to the Petitioners as illegal, without jurisdiction, arbitrary, discriminatory and void; and consequently direct the Respondents to restore the names of the Petitioners in the A.P. State Medical Council Register and in the Indian Medical Register. Counsel for the Petitioner: MR.J.SIDDAIAH Counsel for the Respondents NO.1&2: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent NO.3: MR. S. NIRANJAN REDDY Counsel for the Respondent NO.4: SC FOR CENTRAL GOVERNMENT WRIT PETITION NO : 23646 of 2004 Between: Dr.B.Anasuya W/o. Sri Sridhar R/o.5-9-182, Chapel Road Hyderabad 500 001. ..... PETITIONER AND 1 The Secretary Medical Council of India Alwan-e-Galib Marg Kotla Road, New Delhi. 11- 002. 2 The Union of India, rep. by its Secretary, Ministry of Health, New Delhi. 3 The registrar, A.P.State Medical Council Sultan Bazar, Hyderabad. 500 095. 4 The Director of Medical Education A.P. Sultan Bazar, Hyderazbad 500 095. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in erasing the name of the Petitioner from the Medical Council Register for the period from 1-11-2004 to 31-7- 2007 without furnishing a copy of the final order to the petitioner as illegal, without Jurisdiction, arbitrary, discriminatory and void and consequently direct the respondents to restore the name of the petitioner in the A.P.State Medical Council Register and in the Indian Medical Register in the interest of Justice. Counsel for the Petitioner:MR.J.SIDDAIAH Counsel for the Respondent No.1&4: GP FOR MEDICAL AND HEALTH Counsel for the Respondent No.2: SC for Central Government Counsel for the Respondent No.3: S.NIRANJAN REDDY SC FOR MEDICAL COUNCIL WRIT PETITION NO : 21814 of 2004 Between: Dr. D. Peraiah Chetty, s/o Venkata Swamy, R/o Arundalpet, 2/3-4, Cross Road, Guntur, having permanent residence at Ravurpet, Vetapalem Post, Bapatla Taluq, Guntur District. ..... PETITIONER AND 1 Medical Council of India, having its office at Aiwan-E-Galib Marg, Kotla Road, Opp: Mata Sundari College ( for women),New Delhi - 110 002. 2 The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp: Mata Sundari College ( for women),New Delhi - 110 002. 3 The Registrar, A.P. State Medical Council, Sultan Bazar, Hyderabad-500 095. 4 The Union of India, rep. by its Secretary,Ministry of Health, New Delhi. 5 The Director of Medical Education, Sultan Bazar, Koti, Hyderabad -500 095. 6 Katuri Medical College & Hospital, Chinakondrupadu, Guntur District, rep. by its Principal. 7 Dr. Pinnamaneni Siddhartha Institute of Medical Sciences, Chinnaoutupalli, Gannavaram, Krishna District, rep. by its Principal. 8 P.E.S. Institute of Medical Sciences, Kuppam, Chittloor District, rep. by its Principal. 9 Warangal Institute of Medical Sciences, Warangal , Warangal District, rep. by its Principal. 10 Chalmeda Anand Rao Institute of Medical Sciences, Karimnagar,Karimnagar District, rep. by its Principal. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of mandamus declaring the order No. 34(C)/2004-Med/19635, dated 1-11-2004 (Annexure-V) issued by the1st and 2nd respondents herein as illegal, ab-initio void, arbitrary and without jurisdiction and consequentially set aside the order No. 34 (C) /2004 -Med/19635, dated 1-11-2004 issued by the1st and 2nd respondents herein. Counsel for the Petitioner: MR.CH.RAVINDRA BABU Counsel for the Respondents No.1&2: Mr. S.NIRANJAN REDDY Counsel for the Respondent No.3: MR. MOVVA CHANDRA SEKHAR RAO Counsel for the Respondent NO.4: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.5 to 10: G.P. FOR MEDICAL HEALTH AND FAMILY WELFARE WRIT PETITION NO : 2108 of 2005 Between: Dr. Veera Venkatanagarajamannar Sarella, S/o S. Tatarao, Rangaraya Medical College, Kakinada. ..... PETITIONER AND 1. Medical Council of India having its office at Aiwan-E-Galib Marg, Kotla Road, Opp: Mata Sundari College ( for Women) New Delhi. 2. The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp: Mata Sundari College ( for Women) New Delhi. 3. The Registrar, A.P. State Medical Council, Sultan Bazar, Hyderabad. 4. The Union of India, Rep. by its Secretary, Ministry of Health, New Delhi. 5. The Principal Secretary to Government, Health Medical & Family Welfare Department, Government of Andhra Pradesh, Hyderabad. 6. The Director of Medical Education, Sultan Bazar,Koti, Hyderabad. 7. The Registrar, NTR University of Health Sciences, Vijayawada. 8. The Principal, Rangaraya Medical, Kakinada. 9. NRI Institute of Medical Sciences, Guntur. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, especially one in the nature of writ of mandamus declaring the proceedings No. 34 (c)/2004-Med/19363 dt. 1-11-2004 passed by the 1st and 2nd Respondents as illegal, arbitrary, malafide and opposed to principles of natural justice and consequently set aside the same as illegal. Counsel for the Petitioner: MR.C.SAI REDDY Counsel for the Respondents No.1,2 and 3: MR. S.NIRANJAN REDDY Counsel for the Respondent No.4: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.5,6,8,9: G.P FOR MEDICAL & HEALTH Counsel for the Respondent NO.7: Y.PADMAVATHI WRIT PETITION NO : 234 of 2005 Between: Dr. C. Indira, W/o. Dr. D.T. Naik, R/o. K.2/1 Kundan Bagh, Begumpet, Hyderabad 500 016. ..... PETITIONER AND 1 The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, New Delhi 110 002. 2 Union of India, Rep. by its Secretary, Ministry of Health, New Delhi. 3 The Registrar, Andhra Pradesh Medical Council, Sultan Bazar, Hyderabad 500 095. 4 The Director of Medical Education, Andhra Pradesh Sultan Bazar, Hyderabad 500 095. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in erasing the name of the Petitioner from the Medical Council Register for the period from 1-11-2004 to 31-7- 2007 without furnishing a copy of the final order to the Petitioner as illegal, without jurisdiction, arbitrary, discriminatory and void; and consequently direct the Respondents to restore the name of the Petitioner in the A.P. State Medical Council Register and in the Indian Medical Register. Counsel for the Petitioner: MR.J.SIDDAIAH Counsel for the Respondents NO.1&2: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent NO.3: MR. S. NIRANJAN REDDY Counsel for the Respondent NO.4: SC FOR CENTRAL GOVERNMENT WRIT PETITION NO : 2109 of 2005 Between: Dr K. Venkata Rao, S/o Simhachalam, Rangaraya Medical College, Kakinada. ..... PETITIONER AND 1. Medical Council of India having its office at Aiwan-E-Galib Marg, Kotla Road, Opp: Mata Sundari College ( for Women) New Delhi. 2. The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp:Mata Sundari College ( for Women) New Delhi. 3. The Registrar, A.P. State Medical Council, Sultan Bazar, Hyderabad. 4. The Union of India, Rep. by its Secretary, Ministry of Health, New Delhi. 5. The Principal Secretary to Government, Health Medical & Family Welfare Department, Government of Andhra Pradesh, Hyderabad. 6. The Director of Medical Education, Sultan Bazar, Koti, Hyderabad. 7. The Registrar,NTR University of Health Sciences, Vijayawada. 8. The Principal, Rangaraya Medical College, Kakinada. 9. NRI Institute of Medical Sciences, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, especially one in the nature of writ of mandamus declaring the proceedings No. 34 (c)/2004-Med/19429, dt. 1-11-2004 passed by the 1st and 2nd Respondents as illegal, arbitrary, malafide and opposed to principles of natural justice and consequently set aside the same as illegal. Counsel for the Petitioner: MR.C.SAI REDDY Counsel for the Respondents No.1 &2: MR. S. NIRANJAN REDDY Counsel for the Respondent No.3: SC FOR CENTRALGOVERNMENT Counsel for the Respondents Nos. 4, 5 and 6: G.P FOR MEDICAL HEALTH & FAMILY WELFARE Counsel for the Respondents No.7: Y. PADMAVATHI WRIT PETITION NO : 2136 of 2005 Between: Dr.Bhoopathy Sreehary, s/o B.Chnadraiah, Kakatiya Medical College, Warangal. ..... PETITIONER AND 1. Medical Council of India having its office at Aiwan-E-Galib Marg, Kotla Road, Opp:Mata Sundari College (for Women), New Delhi. 2. The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp.Mata Sundari College (For Women), New Delhi. 3. The Registrar, A.P.State Medical Council, Sultan Bazar, Hyderabad. 4. The Union of India, rep., by its Secretary, Ministry of Health, New Delhi. 5. The Principal Secretary to Government, Health Medical & Family Welfare Department, Government of A.P., Hyderabad. 6. The Director of Medical Education, Sultan Bazar, Koti, Hyderabad. 7. The Registrar, NTR University of Health Sciences, Vijayawada. 8. The Principal, Kakatiya Medical College, Warangal. 9. Maharaja Institute of Medical College, Vijayanagaram. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, especially one in the nature of writ of mandamus declaring the proceedings No.34(c)/2004-MED/19789 DT.3-11-2004 passed by the 1st and 2nd respondents as illegal, arbitrary, malafide and opposed to principles of natural justice and consequently set aside the same as illegal. Counsel for the Petitioner: MR.C.SAI REDDY Counsel for the Respondents NO.1 and 2: MR. S.NIRANJAN REDDY Counsel for the Respondent No3: MR. MOVVA CHANDRA SEKHARA RAO Counsel for the Respondent NO.4: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.5, 6,8 AND 9: GP FOR MEDICAL HEALTH Counsel for the Respondent NO.7: Y.PADMAVATHI WRIT PETITION NO : 3963 of 2005 Between: 1 Dr.K. Shivabhushanam S/o K. Chinna Subbarao, R/o Hyderabad. 2 Dr. Y. Vijaya Saradhi, s/o Y. Ramalingeswara Sarma, R/o Guntur. 3 Dr. N. Ramesh, S/o K. Narsaiah, R/o Mysore. 4 Dr. K. Satyanarayana Reddy, S/o Nagi Reddy, R/o Hyderabad. ..... PETITIONERS AND 1 The Secretary, Medical Council of India, Aiwan-e-Galib Marg, Kotla Road, New Delhi. 2 Union of India, rep. by its Secretary, Ministry of Health, New Delhi. 3 Registrar, A.P. State Medical Council, Sultan Bazar, Hyderabad - 500 095. 4 Director of Medical Education, Sultan Bazar, Hyderabad - 500 095. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in erasing the names of the Petitioners from the Medical Council Registers for the period from 1-11-2004 to 31-7- 2007 without even furnishing a copy of the final order to the Petitioners as illegal, arbitrary, without jurisdiction, discriminatory, against the Principles of Natural Justice and void and consequently set aside the impugned List by directing the Respondents to restore the names of the Petitioners in the Indian Medical Register and State Medical Councils' Registers. Counsel for the Petitioner: MR.J.SIDDAIAH Counsel for the Respondents NO.1&2: GP FOR MEDICAL HEALTH & FAMI.WELFARE Counsel for the Respondent NO.3: MR. S. NIRANJAN REDDY Counsel for the Respondent NO.4: SC FOR CENTRAL GOVERNMENT WRIT PETITION NO : 1367 of 2005 Between: 1 Dr. A. Rama Mohan, S/o A.Nagabhushanam, R/o Staff Quarters,N.R.I. Medical College, Chinnakakani, Guntur District. 2 Dr.V. Prem Swarup, S/o V. Jakaraiah, R/o 29-10-41, Suryaraopet, Nakkal Road, Vijayawada, Krishna District. ..... PETITIONERS AND 1 Medical Council of India, having its office at Aiwan - E - Galib Marg, Kotla Road, Opp: Mata Sundari College ( for women), New Delhi. 2 The Secretary, Medical Council of India, Aiwan - E - Galib Marg, Kotla Road, Opp: Mata Sundari College ( for women), New Delhi. 3 The Registrar, A.P. State Medical Council, Sultan Bazar, Hyderabad. 4 The Union of India, Rep. by its Secretary, Ministry of Health, New Delhi. 5 The Director of Medical Education, Sultan Bazar, Koti, Hyderabad. 6 N.R.I. Medical College, Chinnakakani, Guntur District. 7 Pinnamaneni Siddhartha Institute of Medical Sciences, Gannavaram, Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, especially one in the nature of Writ of Mandamus declaring the proceedings Proc.No. 34(C) /2004-Med/19413 and Proc.No. 34(C)/2004-Med/19379, dt. 1-11-2004 passed by the 1st and 2nd Respondents as illegal, intentional, malafide, arbitrary, opposed to principles of natural justice and consequently set-aside the same as illegal. Counsel for the Petitioner: MR.K.V.BHANU PRASAD Counsel for the Respondent Nos.1 and 2: Mr. S.Niranjan Reddy Counsel for the Respondent No.3: MR.MOVVA.CHANDRASHEKAR RAO Counsel for the Respondent No.4: SC FOR CENTRAL GOVERNMENT Counsel for the Respondent Nos.5 to 7: GP FOR MEDICAL HEALTH & FAMI.WELFARE WRIT PETITION NO : 2154 of 2005 Between: Dr.Singuluru Surya Rao, s/o S.Mohan Rao, r/o 9-4-1/A, Vittal Nagar, Devanagar Railway Gate, Kurnool-518 002. ..... PETITIONER AND 1 Medical Council of India, having its office at Aiwan-E- Galib Marg, Kotla Road, Opp.Mata Sundari College (for Women), New Delhi. 2 The Secretary, Medical Council of India, Aiwan-E-Galib Marg, Kotla Road, Opp.Mata Sundari College (for Women), New Delhi. 3 The Registrar, A.P.State Medical Council, Sultan Bazar, Hyderabad. 4 The Union of India, rep., by its Secretary, Ministry of Health, New Delhi. 5 The Director of Medical Education, Sultan Bazar, Koti, Hyderabad. 6 Navodaya Medical College, Raichur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, especially one in the nature of writ of mandamus declaring the proceedings Proc.No.34(C)/2004-Med/19401 dt.1-11-2004 passed by the 1st and 2nd respondents as illegal, intentional, malafide, arbitrary, opposed to principles of natural justice and consequently set aside the same as illegal. Counsel for the Petitioner: MR.K.V.BHANU PRASAD Counsel for the Respondents No.1&2: S.NIRANJAN REDDY Counsel for the Respondents No.3: M.CHANDRA SEKHARA RAO Counsel for the Respondents No.4: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.5: G.P. FOR MEDICAL AND HEALTH Counsel for the Respondents No.6: WRIT PETITION NO : 2724 of 2005 Between: Dr. T. Bhaskar Rao S/o.T. Lakshmana Suri R/o. 74-23/51, Karepaku Thota, Venkatappaya Veedhi, Ashok Nagar, Vijayawada. ..... PETITIONER AND 1 The Government of India, Ministry of Health and Family Welfare, Department of Health, Nirman Bhavan, New Delhi, Rep. by its Secretary. 2 The Medical Council of India, Rep. by its Secretary, Aiwan-e-Galib Marg, Kotla Road, New Delhi, Rep. by its Secretary. 3 Andhra Pradesh Medical Council, Koti, Hyderabad. Rep. by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in the nature of a writ of Mandamus by declaring the action of the 2nd Respondent in issuing the impugned proceedings in Ref. No. 34(C)/2004/MED/19339, dt. 1-11-2004 as arbitrary, illegal and without jurisdiction and consequentially set aside the Proceedings of 2nd Respondent No.34(C)/2004/MED/19339, dt. 1-11-2004. Counsel for the Petitioner: MR.K.G.K.PRASAD Counsel for the Respondent Nos. 1 and 2: A.RAJASEKHARA REDDY SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No.3: MR.MOVVA.CHANDRASHEKAR RAO WRIT PETITION NO: 2726 of 2005 Between: Dr. K. Karuna Murhty S/o. Sri Venkata Narayana, R/o. 67-17-4/c, Naga Milli Thota, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Government of India, Ministry of Health And Family Welfare, Department of Health, Nirman Bhavan, New Delhi, Rep. by its Secretary. 2 The Medical Council of India, Rep. by its Secretary, Alwan-e-Galib Marg, Kotla Road, New Delhi, Rep. by its Secretary, 3 Andhra Pradesh Medical Council, Koti, Hyderabad. Rep. by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in the nature of a writ of Mandamus by declaring the action of the 2nd Respondent in issuing the impugned proceedings in Ref. No.34(C)/2004/MED/19656 dt. 1-11-2004 as arbitrary, illegal and without jurisdiction and consequentially set aside the Proceedings of 2nd Respondent No. 34 (C)/2004/MED/19656, dt 1-11-2004. Counsel for the Petitioner: MR.K.G.K.PRASAD Counsel for the Respondents No.1&2: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.3: S.NIRANJAN REDDY WRIT PETITION NO : 3229 of 2005 Between: Dr. K. Hari Krishna, S/o Sri K. Appa Rao, R/o Sriramavram (V), Via Dendulur, West Godavari District, Pin - 534 427. ..... PETITIONER AND 1 The Government of India, Ministry of Health and Family Welfare, Department of Health, Nirman Bhavan, New Delhi, Rep. by its Secretary. 2 The Medical Council of India, rep. by its Secretary, Alwan-e-Galib Marg, Kotla Road,New Delhi, Rep. by its Secretary. 3 A.P. Medical Council, Kotla, Hyderabad, Rep. by its Registrar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in the nature of a Writ of mandamus by declaring the action of the 2nd Respondent in issuing the impugned proceedings in Ref.No. 34 (C)/2004/MED/19683, Dt. 1-11-2004 as arbitrary, illegal and without jurisdiction and consequentially set aside the proceedings of 2nd Respondent No. 34 (c) /2004/MED/19683, dt. 1-11-2004. Counsel for the Petitioner: MR.K.G.K.PRASAD Counsel for the Respondents No.1&2: SC FOR CENTRAL GOVERNMENT Counsel for the Respondents No.3: S.NIRANJAN REDDY The Court made the following: THE HON’BLE SRI JUSTICE J.CHELAMESWAR AND THE HON’BLE SRI JUSTICE GHULAM MOHAMMED WRIT APPEAL NO.2107 OF 2004, W.P.Nos.25082, 25237, 25240 OF 2004, 2108, 234, 2109, 2136, 3963, 23646, 1367, 2154, 2724, 2726 AND 3229 0F 2005 JUDGMENT (Per Sri Justice J.Chelameswar) Writ Appeal No.2107 of 2004 is preferred by the petitioner in W.P.No.21814 of 2004 aggrieved by an order dated 06.12.2004 by which the learned Judge dismissed WPMP No.28606 of 2004 declining to grant interim stay of all further proceedings in pursuance the order No.34[C]/2004-Med/19635, dated 01.11.2004 issued by the 1st and 2nd respondents herein (ie) Medical Council of India (for short