The High Court, while hearing a writ petition filed under Article 226 and Section 33 of the Medical Council of India Act regarding the appointment of a Director, dismissed the petition as infructuous due to the elapse of time.
The writ petition was dismissed as infructuous with miscellaneous applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3301 ]
**u o* o IN rH EHI G H .o' TrtSItrtltoBlb] :.:^t^\tt tsPecii'oiiginalJurisdiction)
'Yi,'.'+J"'it'^lE-$'#31-??l??='*
PRESENT
THEHONOURABLE SRIJUSTICEPULLA KARTHIK wRtTPETITIONNO:35836oF2013
Between: -?f -? ffl1 if;l'. li' vgiu:Jl *' -Y, #&ttuFi-
Between:
'flr
:: :1
"'RE''.NDENTS
Petitionunder Article226 of lhe Constitution of lndiaprayingthat in the circumstancesstated in the affidavit filed therewith'the High Court may be pleased to issuea writ, order or direction moreparticularly one in the natureof writ ofquo warranto callinguponthe 4th respondentherein to show causeand satisfythisHonbleCourtastoandabouthisauthorityandrighttooccupythe office of theDirector of the 1- respondent rnstitute and discharge its functionsas theDirectorofthelnstitutedulysettingatnaughthisappointmentassuchmade intotaldisregardofregulation3ofthe[t/linimumQualificationfortheTeachersin Medical lnstitutionsRegulations, 1988' issued under Section 33 of the Medical Council Of lndiaAct.
t.A. No: 20 F2014 PM P.No:423230F 20 14)
petition under Sect. the arridavit rireo in ;:T::[rr}:::,:r:i,:, rhe circumstances stated in court may be preased to papers, this permit to receive as Additional to support affidavit. """rr;;'';;"r;; ":^ fidavit and relevant material
t.A. N0: 10F 2013(WPMP. NO: 4 4567 oF201:u
petition under Sect the arridavit rir.d i, ;:;::[H:,nT]i,l'the circumstances srated in . direct the 4th respondent respondent rnstitutd r"no,, not to discharge "y f'"Ji,;:';Il:fi::il:tr:: tg disposal of the wril petition.
l.A. NO:2OF2013 MP.No :44568 oF2013t
petition under section 151 cpc praying trlat in the circumstances stated in the affidavit fired in support of the petition, ther High court may be preased to direct the 2nd respondent to appoint the petitio,er to the post of Director of the 1st respondent lnstitute pending disposal of the vyrit petition.
Counsel for the petitioner: SRI G.NARESH KUttlAR rep. sRlpRABHAtd;R iHlxxuou
Counsel for the Respondent No.1&2: SRt G.ANA,NDAM, SC FOR NIMS Counsel for the Respondent No.3 : Gp FOR MEEI HEALTH &FAMlLy WELFARE Counsel for the Respondent No.4 : --
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.35836 of 2013
ORDER:
This writ petition is filed seeking the following prayer:
"...to issue a writ, order or direction more particularly one in the nature of writ of quo warranto calling upon the 4th respondent herein to show cause and satisfy this Hon'bie Court as to and about his authorit5r and right to occupy the ofhce of the Director of the 1-respodnent Institute and discharge its functions as the Director of the Institute duly setting at naught his appointment as such made in total disregard of regulation 3 of the Minimum Qualihcation for the Teachers in Medical Institutions Regulations, 1988, issued u/Sec.33 of the Medical Council ol India Act and pass such other orders as are necessary in the interests of justice."
SD/-V.KAVITHA ASSISTANT REGIs]gcR //TRUE copytt secnotfo-rrtcen
secnotfo-rrtcen To, i, f ii EF13 SFi Eh'fiffi^T, i[i:f,y"?y"t,,Sca te ropU C] 3' rwo ccs to Gp ron vreb riEAiii"niio'E[Miiy *ELFARE, Hish court ror the State of Telanoani ut uvouiuoiii'.'[b"rjt'i',,,. 4. Two CD Cooies- BSK\GJP \r-
HIGH COURT
DATED:1011012023
ORDER
1t\ TATA o
-
e
ij $t t{ou ?!zJ
d
* tr,1;,'f,-1fat\t
WP.No.35836 of 2013
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether the writ petition challenging the appointment of the Director under Regulation 3 of the Minimum Qualification for the Teachers in Medical Institutions Regulations, 1988 survives the cause acti
2 provisions across 2 enactments
Sri Prabhakar Chikkudu
The Nizams Institute of Medical Sciences
The President of the Nizam's Institute of Medical Sciences
Dr.L.Narendranath
PULLA KARTHIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
