In a writ petition challenging the constitution of the Andhra Pradesh Medical Council via nomination, the court held that the council's statutory five-year term had expired. Consequently, the court declared the matter infructuous and dismissed the petition without adjudication on merits.
None. Writ petition dismissed as infructuous.
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THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.11971 of 1999
Dated 13-03-2006
Between:
Dr. P. Vijaya Kumar.
.... PETITIONER
AND
Government of A.P., rep. by its Secretary, Hyderabad, and others.
.....RESPONDENTS
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.11971 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 by nominating the respondents 3 to 6 vide G.O.Ms.No.251, dated 06-05-1999, is arbitrary and illegal.
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)
ghn
Date:13-03-2006
1 issue framed by the court
Whether the writ petition seeking declaration of illegality in constitution of Medical Council survives given the expiration of its term.
2 provisions across 1 enactments
Dr. P. Vijaya Kumar
Government of A.P.
G. Roiori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
