The court dismissed a writ petition challenging the constitution of the Andhra Pradesh Medical Council under G.O.Ms.No.251 dated 06-05-1999, ruling that the petition had become infructuous as the Council's five-year term had long expired.
Writ petition dismissed as having become infructuous. No costs awarded.
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THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.10882 of 1999
Dated 13-03-2006
Between:
G. Amrutha Laxmi.
.... PETITIONER
AND
Government of A.P., rep. by its Secretary, Hyderabad, and five others.
.....RESPONDENTS
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.10882 of 1999
O R D E R:
This writ petition is filed seeking a declaration that the action of the first respondent in constituting the Andhra Pradesh Medical Council with respondents 3 to 6 vide G.O.Ms.No.251, dated 06-05-1999, is arbitrary and illegal.
This Court while ordering Rule Nisi on 31-12-1999, granted interim suspension of the impugned proceedings.
A perusal of the impugned G.O.Ms.No.251 dated 06-05-1999 shows that in exercise of the powers conferred under sub-Section (1) of Section 3 of the Andhra Pradesh Medical Practitioners Registration Act, 1968 (hereinafter referred to as ‘the Act’), the Andhra Pradesh Medical Council was established. Since admittedly the term of Medical Council as per Section 4 of the Act is for five years from the date of the election or nomination, the term of the Andhra Pradesh Medical Council constituted under the G.O.Ms.No.251 dated 06-05-1999 has expired long back. Hence, nothing survives for adjudication on merits in this writ petition.
Accordingly, the writ petition is dismissed as having become infructuous. No costs.
(G. ROHINI, J)
Date:13-03-2006
ghn
1 issue framed by the court
Whether the writ petition seeking declaration of illegality of the constitution of the Andhra Pradesh Medical Council survives adjudication when the term of the Council has expired.
2 provisions across 1 enactments
G. Amrutha Laxmi
Government of A.P.
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
