This order dismisses a writ petition challenging the arbitrary appointment of Medical Council members as having become infructuous because the Council's term had expired under the Act, leaving nothing to adjudicate on merits.
The writ petition is dismissed as having become infructuous. No costs.
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THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.12429 of 1999
Dated 13-03-2006
Between:
Dr. C. Nageswara Raoand two others.
.... PETITIONERS
AND
S
Government of A.P., rep. by its Secretary,
Hyderabad, and five others.
.....RESPONDENTS
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No.12429 of 1999
O R D E R:
This writ petition is filed seeking to declare G.O.Ms.No.251, dated 06-05-1999, nominating respondents 3 to 6 as members of the second respondent-Medical Council, as 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)
Date:13-03-2006
ghn
1 issue framed by the court
Whether the writ petition challenging a G.O. appointing Medical Council members is maintainable when the Council's term had expired under Section 4 of the Act.
2 provisions across 1 enactments
Dr. C. Nageswara Rao and two others
Government of A.P.
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
