THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.No. 6511 OF 2004 Dated: 21st November, 2005 Between: Dr. K.Srinivasa Varma and Others …Petitioners A N D Government of Andhra Pradesh, Represented by its Principal Secretary to Government, Medical and Health Department, Secretariat, Hyderabad and Others …Respondents THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.No. 6511 OF 2004 O R D E R : 1. This writ petition has been filed by the petitioners who are 17 in number with a prayer to issue writ, order or direction more particularly one in the nature of writ of mandamus directing the NTR University of Health Sciences-3rd respondent to implement the Memo bearing No.1149/E2/03, dated 7-2-2004 issued by the Principal Secretary to Government, Health, Medical & Family Welfare Department, Hyderabad-1st respondent. 2. 1st petitioner sworn to the affidavit filed in support of the writ petition. The case of the writ petitioners in brief is that they are pursuing higher studies of Post Graduation and P.G. Diploma in medicine in various faculties. The Medical Council of India has issued regulations called ‘Post Graduate Medical Education Regulations, 2000’ (herein after referred to as ‘Regulations’ for brevity). As per Rule 7 of said Regulations the nomenclature of post graduate courses shall be as provided in the scheme annexed to the Regulations. As per the III Schedule annexed to the Regulations, M.D. (Dermotology) M.D.(Dermoto Vernology) and M.D.(Leprosy ) are introduced as a combined post graduate course. Similarly, Diploma in Dermotology, Vernology and leprosy are also introduced as combined post graduate diploma course. The 1st respondent issued instructions under Memo No. 1149/E2/03, dated 7-2-2004 to all the Universities to treat the three courses as combined post graduate course/post graduate diploma course. Since, 3rd respondent has not given effect to the said memo, the petitioners approached this Court by invoking jurisdiction under Article 226 of the Constitution of India with the prayer stated supra. 3. Respondents filed counter affidavit. The counter affidavit of 3rd respondent in nutshell is that the Regulations came to be adopted from the academic year 2003-04 and thus petitioners having been admitted in the respective course in the academic year 2000-01 and 2001-02 cannot claim benefit of the above referred circular. 4. Respondents No. 4 and 5 came on record as per orders dated 8-9-2005 in WPMP No. 30143 of 2004 and Respondents 6 and 7 came on record as per orders dated 8- 9-2005 in WPMP No. 10011 of 2005 respectively. 5. Heard counsel for the petitioners and learned standing counsel appearing for 3rd Respondent-University. 6. Learned counsel appearing for the petitioners submits that as per the Regulations a combined degree for M.D. (Dermotology, Vernology and Leprosy) is required to be awarded to the students who are pursuing posts graduate courses from the year 2000-01. 7. Learned Standing Counsel appearing for 3rd respondent University submits that the Regulations came to be adopted from the year 2003-04 and therefore, the relief sought for by the petitioners cannot be granted. 8. It is no more in dispute by the time the petitioners admitted to the post graduate courses, Dermotology, Vernology and Leprosy, were treated as separate courses. The petitioners sought for direction to the respondents for implementation of the Memo No.1149/E2/2003, dated 7-2-2004. The said memo fell for consideration in a batch of W.P.Nos. 477 of 2004, 5103 of 2004, 6798 of 2004 ( M.Bhaskar and others Vs. The Principal, Kurnool Medical College, Kurnool and Others). The learned single Judge of this Court refused to give direction for implementation of the said memo and thereby dismissed the writ petitions. I deem it appropriate to refer the relevant portion of the order dated 7-3-2005 passed in the above said batch of writ petitions and it is thus; “There is no dispute to the fact that the petitioners on two sides have joined the courses, which run totally on parallel lines with its own syllabus and training programme. There is also no dispute in regard to their courses to which they were admitted. However, it is only at a late stage, having realized that in view of the commonness in these two studies viz. Dermatology, it is more feasible and advisable to have a common degree. At the instance of the Director of Medical Education, the impugned proceedings have been taken up and ultimately, the Government allowed the same followed up by issuance of the Circular and consequent directions by the respective Principals. However, the fact remains that in the entire process as commenced at doorstep of the Director of Medical Education till issuance of the impugned orders, absolutely there is no consultation much less prior permission a such, from the Medical Council of India or any approval obtained there from. Even otherwise, as per the Regulations as pointed out on behalf of the respondents, for any change or variation in the course, necessarily permission has to be obtained from the Central Government. There is no such permission or approval in the present case. Under the Regulation, neither the Government nor the Director of Medical Education, has power either to reframe the whole scheme in regard to the sanction of degrees or convert two courses into one and form a new combined degree/diploma”. 9. The issue involved in the writ petition is squarely covered by the judgment passed in the above said batch of writ petitions i.e. W.P.No.4779 of 2004 and batch. 10. The petitioners having joined post graduate course in Medicine treating the three courses as separate courses cannot seek direction to respondent to award combined degrees viz M.D. Dermotology, Vernology and Leprosy/P.G.Diploma viz. Dermotology, Vernology and Leprosy 11. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 21st November, 2005. C.C.in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.No. 6511 OF 2004 21st November, 2005