Disposed

Paduru Ramana Reddy v. The Union of India

Telangana HC7 Jun 2022WP(PIL)/50/2020

Case brief

AI extract

What is this about?

A PIL filed by a retired government teacher sought a writ of mandamus directing the State of Telangana to ensure compliance with Medical Council of India Regulations 2002 regarding generic prescriptions. The Court noted the government had already taken steps like establishing generic stores and educating doctors, thus dismissing the petitioner's request for further orders.

What did the court decide?

No further orders required beyond directing the State to ensure strict compliance with Regulations 2002.

Paduru Ramana Reddy Vs The Union of India — Pension and Retirement Benefits | Telangana HC (2022)

¶1

HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD (SPecial^{Original Jurisdiction)}

¶2

TUESDAY,^{rHE SEVENTHDAY-9r} llllE rWO^{TUOUSANDANDTWENTY TWO}

¶3

PRESENT

¶4

THE HON'BLE^{THE CHIEF JUSTICE SATISH CHANDRA SHARMA} AND THE HON'BLE^{SRI JUSTIiiABHINAND KUMAR SHAVILI}

¶5

WP^(PIL )^{NO:500F 2020}

¶6

Between:

¶7

tiH[f..,s,'#ff^{iiri'a$:Tu#i,v'{#x:'ten"$rslorli:',:*}

¶8

AND

¶9

lTheUnionoflndia,Rep.byitsPrincipalsecretary,MinistryHealthandFamily , ry."1til:fi;1*T::li^{lfi N.'.:r['" p nv it' s ecretary'Pocket-1 4' secto r-8'}

¶10

ed ca^{a nd}

¶11

; Ui$[#S"g,;#$+$i;1u's,,sE:'rilft;;l.l

¶12

?,iffifi Fff l,l$:",ii+fi :HH#jdi,"#r::t33"3r,"ssecre'iary

¶13

Resoondent^{No 7 is lmpleadedas- perCourt Orderdaled11tO212021ln lA No} i;iiijiiii;wPletl)^{t'tb 50 or 2020} ...RESpoNDENrs

¶14

Petition^{under Article 226 of the Constitutionof lndia praying that in the} circumstances^{stated in the affidavitfiledtherewith'the High Court maybe} pleased to issue^{an appropriate Writ' Order or Direction' more particularlyone in} nature^{of Writ of Mandamus, declaringthe action of the respondents No 5 and 6 in} not acting^{upon the petitionersrepresentationdated5-7-2019 to complythe} requestmadebythe2ndrespondentinitsletterNo.MCl-211(2)(Gen.)12o17Ethics/104728^{daled 21-04-2017 as illegal' unjust and unreasonableand} consequentry^{direct the respondents No. 5 and 6 to comply the request made by} the 2nd^{respondent in its .etter No. MCr-211 (2)(Gen.)/20i7-Ethics/ 104728 dated} 21-O4-2O17^{by givingwide publicity to the clause 1'5 of the Indian Medical Council}

¶15

(Professional Conduct, Etiquette and Ethics) Regulations,^{2OO2as amendedin} 2016 in the interest of^public at large

¶16

lA NO:^'l OF 2020

¶17

F'etition under Section 15'1 CPC^{prayingthat in the circumstancesstated in} the afficlavit filed in support of the^{petition,the High Court may be pleased to direct} the respondents No.5 and 6 to^{forthwith act upon the letter No.MCI-} 211(2)(Gen.\12017-Ethics/104728^{daled 21-04-2017 of the 2nd respondent in the} interest of^justice

¶18

lA NO: 2 OF 20

¶19

F)etition under Section 151 CPC^{prayingthat in the circumstances statedin} the affilavit filed in support^{of the petition,the High Court maybe pleasedto} permit the petitioner to file a i) copy of information^{downloadedfromNational} Health Portal ii) copy of comparative^{price list as an additional material papers in} the above WP^(PlL) No. 50 of²⁰²⁰

¶20

Counsel for the Petitioner: SRI^{M. VENKAT RAM REDDY}

¶21

Counsr.'l for Respondent No. 1: SRI^{N. RAJESHWAR RAO} ASSISTANT SOLICITOR GENERAL

¶22

Counsr:l for Respondent Nos. 2 & 3: Ms.^{GORANTLA' SRI PUJITHA}

¶23

Counsr.'l for Respondent Nos. 4 to 6: GP^{FOR MEDICAL, HEALTH&} FAMILY WELFARE

¶24

The Court made the following: ORDER

HE HO THE C TIC I

AND

THE HON'BI-E SRI IUSTICE^{ABHINANDKUMARSHAVILI} W.P.(PIL) No.50 of²⁰²⁰

¶29

QBDER:^{rt',.ra I r,, 'hhtx (.hie[} ]^{h,tsa/ilhcha"dtu:tu'Da)}

¶30

The pctitioner before this^{Court' a retired Government} Teacher, has filed^{the present writ petition statingthat the Medical} Council of India^{Regulations,2OO2 (for short'the Regulationsof} 2002), provides^{for use o[ generic medicines and every physician is} under an obligation to^{prescribedrugs with generic names legibly} and preferably in^{capital lettersand ensure that thereis a rational} prescription and^{use oF drugs.}

¶31

It has been stated that^{the MedicalCouncil of India uidelettet} dated 21..04.2017^{has informedall registered medical practitioners} in the Medical Council^{of India to comply with the regulations} framed on the subiect^{as stated above and a pnyer hasbeen made} before this Court^{by the petitionerto direct the respondents to} ensure strict compliance^{o[ the saidletter'}

¶32

A reply has^{been hled in the matter by respondentNo'2-} Medical Council of^{India and Ms. GorandaSri Ranga Pujitha'} lcarned Standing^{Counsel appcaringfor Medical Council ol lr,dia'* -}

¶33

¶34

.-*

¶35

was fair enough in staring before this Court that they are aking all steps ro cnsure compliance of thc Ilegulations of 2002.

¶36

A reply has also been frled by respondents No.4 and 5. In the repl1,, the State Government has stated that they are also taking appropriate steps ro ensurc compliance of the Regulation s of 2002 and they are direcdng the Doctors of all the Hospitals to prescribe generic names of drugs. It has also been stated that steps have been taken for establishing generic srores in the teaching hospitals under the control of DMC and generic drug stores (AMRIT) have been established all over the ter.ritory and they are ensuring that the generic drugs are available to a common man.

¶37

Learrred counsel For the State Government has also sated that they are ensuring sfficr compliance of the instructions issued by the Meclical Council of India by educating the Doctors in the State oI Telangana.

¶38

In the Iight of the aforesaid steps taken by the tespondents, no further orders are required to be passed in the present pIL. However, the State is directed to ensure strict compliance of the

3::

Itegulations of 2002 and letter dated 21.04.2017, issued by the t\lcdical^(.ouncil oI India.

¶43

With the a[oresaid, the present )@(PID stands disposed o[ No costs.

¶44

As a sequel, miscellaneous petitions, pending i[ any, stand

¶45

closed.

¶46

SD/. B.SAWAVATHI DEPUTY REGISTRAR //TRUE COPY// Cr) SECTION OFFICER To, 1 The Princioal Secretary, Health,^{tr/edicaland FamilyWelfareDepartment,} State of T6langana^{Te[angana Secretariat,Hyderab.ad'} 2. 6ne CC to Sri"M^{Venkat Ram ReddyAdvocate} [OPUC] 3.OneCCtoSriNamavarapuRajeswaraRao,AssistantSolicltorGeneral (OPUC) a iwo-Cts to GP For Medical,^{Health& FamilyWelfare,High Court for the} State of Telanoana. IOUTI s one CC to Ms: Gorahtla^{Sri Puiitha,Advocate (oPUC)} 6. Two CD CoPies 7. One Spare^CoPY MBC PS

HIGH COURT

DATED: 0710612022

1 H:- STAI ,:.

ORDER

WP(PIL).No.50 of²⁰²⁰

DrsPoslNG oF^{THE WP(PIL)}