HON’BLE SMT.

JUSTICE LALITHA KANNEGANTI

WRIT PETITION No. 14561 of 2022

O R D E R:

This Writ Petition is filed to declare the show

cause notice dated Nil.02.2022 issued by the 3rd

respondent as illegal and arbitrary and in violation of the

principles of natural justice.

2. Sri K. Ravindra Kumar, learned Senior Counsel

appearing on behalf of the learned counsel for the

petitioners Ms. G.K.V.D. Kumari submits that though the

notice is named as show cause notice, it is stated that all

the foreign graduates who are putting M.D (Physician)

Degree are strictly warned not to put M.D (Physician) as

they are entitled for MBBS Degree only. He submits that

it is stated in the show cause notice that any deviation in

that regard will be viewed seriously and stern action is

initiated against the erring persons under the Indian

Penal Code in force and will be booked under cheating

case in the nearby police station.

3. Learned Senior Counsel submits that before

taking a decision, they are entitled for a notice and after

considering the application, an order ought to have been

 W.P.No.14561 of 2022 
 2                                                                                                                    
                         
 
 
passed. Further, it is stated that petitioners have obtained

a Degree from Ukraine which shows M.D (Physician)

Degree. Even as per the National Medical Commission,

petitioners qualification is shown as M.D (Physician) and

issuing a show cause notice itself is arbitrary by directing

the petitioners not to display the same. Hence, the

learned senior counsel submits that the order is liable to

be set aside.

4. On the other hand, Ms. Deepthi, learned

Standing Counsel appearing for respondent No. 2 - The

Telangana State Medical Council submits that even as per

the certificate filed by the petitioners before this court

which is the medical registration certificate issued by the

Andhra Pradesh Medical Council also shows that the

qualification of the petitioners is M.D (Physician)

equivalent to MBBS. Learned Standing Counsel submits

that for obtaining M.D course in Ukraine, petitioners have

studied for six years whereas for the M.D (Physician)

course in India, they have to pursue 8½ years course, that

itself shows the reason as to why it is stated in the

Medical certificate that M.D (Physician) is equal to MBBS

 
 
 W.P.No.14561 of 2022 
 3                                                                                                                    
                         
 
 
and the subjects which the petitioners have studied are

also not equivalent to M.D (Physician) course in India.

5. The learned counsel submits that now in the

interest of the larger public, where there are several

practitioners, who have obtained degrees from other

countries claiming themselves to be MD or MS and the

innocent people looking at the qualification are going to

these practitioners and in some cases because of the

treatment given they have even lost their lives. Hence, in

the larger public interest, they are taking steps and issued

show cause notice to the petitioners. It is submitted that

the petitioners have already submitted their explanation

and once an order is passed, the petitioners have a right

to file an appeal before the National Medical Council. In

response to the same, the learned Senior Counsel for

petitioners submits that the 3rd respondent has issued

impugned show cause notice for which he has no

authority to do so.

6. Ms. Gorantla Sri Ranga Poojitha, appearing for

the 1st respondent submits that 2nd respondent along with

3rd respondent has the authority to regulate the medical

 
 
 W.P.No.14561 of 2022 
 4                                                                                                                    
                         
 
 
practitioners in the State and there is no illegality in

issuing the impugned notice.

7. The order impugned in this writ petition is a

show cause notice issued by the respondents but a bare

perusal of the show cause notice, it appears that even

before the explanation is sought from the petitioners, they

have already issued certain directions and the petitioners

are warned not to put M.D (Physician) and also that the

criminal cases will be registered.

8. Hence, in the interest of justice, this Writ

Petition is disposed of directing the petitioners to submit

their explanation with all the relevant material to the

respondents within two days from today and the

respondents shall pass appropriate orders within two

weeks from today and till such time, they shall not take

any coercive steps against the petitioners. No costs.

_______________________________
LALITHA KANNEGANTI, J
22nd March 2022

Issue CC today.

Gvl/ksld