IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20918 of 2008 Between: Dr.Saraswathula Ram Prasad S/o.Venkata Lakshmi Narasimham,Hindu R/o.H.No.22/4/3/3 Veerabhadrapuram,Rajahmundry East Godavari District ..... PETITIONER AND 1 Central Council Of India Medicine Rep. by its Registrar Kachiguda Hyderabad 2 Andhra Board Ayurveda Rep.by its registrar Kachiguda Hyderabad 3 The Directory Indian Medicine & Homepathy Department, Near Gandhi Bhavan Hyderabad .....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 an order or direction particularly in the nature of writ of Mandamus directing the 2nd and 3rd respondents to issue Certificate that the constitution their in action as violative of Art 14 of Constitution of India petitioner is a Class A practitioner. Counsel for the Petitioner:MR.V.DURGA NAGESWARA RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : O R D E R:- This writ petition is filed seeking a direction to the 2nd and 3rd respondents to issue a Certificate declaring the petitioner as Class “A” Medical Practitioner. The petitioner asserts that the 2nd respondent-Andhra Board for Ayurveda classified Medical Practitioners as two categories i.e. Class “A” & Class “B”. Persons, who possess degree, diploma, licence or any certificate issued by a recognized institute fall under Class “A” category and persons, who do not possess any of these recognized qualifications, but put in 10 years of experience as Medical Practitioners in Ayurveda, Unani or Homeopathic systems of medicine, fall under Class “B” category. The petitioner’s case is that he passed VIDYA VIDWAN, which is a Diploma Course conducted by the Andhra Ayurveda Parishat, Vijayawada, in second division, and a Provisional Certificate to that effect was issued by the Andhra Ayurveda Parishad, Vijayawada. Therefore, under the classification made by the 2nd respondent, the petitioner, who possess the recognized qualification i.e. Diploma Course, can be declared as Class “A” Medical Practitioner, but the 2nd respondent issued a Certificate of Registration dated 16.1.1979 registering the petitioner’s name as a Medical Practitioner under Class “B” in the Register of Medical Practitioners. Thereafter, the petitioner made a representation dated 5.10.2007 to the 3rd respondent-Director, Indian Medicine & Homeopathy, requesting him to register his name as Class “A” Medical Practitioner. Now, the petitioner’s grievance is that the 3rd respondent has not passed any orders on his application so far. Having heard Sri V.Durga Nageswara Rao, learned counsel for the petitioner and the learned Government Pleader for Medical and Health, appearing for the respondents, and having regard to the fact that the petitioner already submitted a representation and the same is not yet disposed of, this Court is inclined to dispose of this writ petition with the following direction: The 3rd respondent is directed to consider the petitioner’s representation dated 5.10.2007 and pass appropriate orders thereon in accordance with law. If, for any reason, the said representation is not available with the 3rd respondent, the petitioner is hereby permitted to submit another representation, and on such representation being made, the 3rd respondent shall consider it and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order. In terms of the above direction, this writ petition is disposed of at the admission stage. No costs. ______________ 28.11.2008 Note: Furnish copy in two days B/o bcj