Andhra Pradesh High Court
WP/25399/2007 of DR.P.MUTHUSWAMY, KADAPA Vs THE GOVT OF AP., HEALTH, MEDICAL & FAMILY WELFARE & 2 OTHERS on 18 June 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3562] FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 25399/2007 Between: 1. DR.P.MUTHUSWAMY,
APHC010598052007
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY,THE NINETEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY SIX
PRESENT
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1. DR.P.MUTHUSWAMY, KADAPA, S/O.PALANI BOYAM ASST.PROFESSOR GOVT HOMOEOPATHY MEDICAL COLLEGE KADAPA, R/O.7/1461 3RD ROAD,SIMHAPURI COLONY KADAPA
...PETITIONER AND
1. THE GOVT OF AP HEALTH MEDICAL FAMILY WELFARE 2 OTHERS, & FAMILY WELFARE DEPT., OF AYUSH SECRETARIAT, HYDERABAD
2. THE CENTRAL COUNCIL OF HOMOEOPATHY REP BY ITS, SECRETARY,JANAKPURI, NEW DELHI
3. THE COMMISSIONER OF AYUSH ABIDS HYDERABAD, OFFICER.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ order or direction particularly a writ of certiorari to call for the records in and connected with thecommon judgment dated 14.12.2006 and made in OA.No.5511/2005 and batch and quash the same by declairng th Annexure-E and the directions dated 9.5.2007 of the CCH the 2nd respondent herein in respect of Essential Qualifications for teaching staff for promotions from Asst.Professor to the posts of professor as binding on the 2st and 3rd respondents and consequently to declare the service Rules issued in
G.o.Ms.No.69 H.M & F.W.(1.2.) Dept.,dated 14.3.2005 for Homoepathy as unauthorised illegal, repugnatn and are void as per Article 254 of the Constituiton of india and also todirect the 1st respondent to conduct D.P.C. for the years 2001-02 2002-03 2003-04,2004-05 and promot the petitioner as Professor as per theseniority of the petitioner with restrospective effect fromthe year 2001 in the interest of justice IA NO: 1 OF 2007(WPMP 33109 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the common judgment dated 14.12.2006 and made in OA.No.5511 of 2005 and batch pending disposal of the main WP IA NO: 2 OF 2007(WPMP 33110 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the service Rules issued in G.O.Ms.No.69 H.M & F.W.(1.2) Dept., dated 14.3.2005 for Homeopathy, pending disposal of the main WP IA NO: 3 OF 2007(WPMP 33111 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent herein to conduct D.P.C. for the years 2001-2002 2002-03, 2003-04, 2004-05 and promote the petitoner as Professor as per his seniority with restrospective effect from the year 2001 in the interest of justice pending disposal of the main WP IA NO: 8 OF 2007(WPMP 134426 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner:
1. T K SRIDHAR Counsel for the Respondent(S):
1. K RAJITHA
2. GP FOR MED HEALTH AND FAMILY WELFARE
The Court made the following:
ORDER: (per Ravi Nath Tilhari, J)
O.A.No.4469 of 2005 filed by the applicants (the present writ petitioner is one of the applicants) for declaration that the provisions of the “A.P.Homeo Service Rules”, issued in G.O.Ms.No.69, Health, Medical and Family Welfare (1.2) Department, dated 14.03.2005, by the 1st respondent in super cession of “the A.P. Indian Medicine and Homeo Service Rules, 1994”, to the extent of prescribing qualification of possessing Post Graduate Degree in Homeopathy to acquire eligibility for promotion as Professor (Homeo), is against Regulation 11, read with Annexure-E and Regulation 12 of the Homeopathy (Minimum Standards of Education) Regulations, 1983, as amended from time to time and further, sought for a direction to the respondents No.1 and 3 to fill up the existing vacancies of Professors (Homeo), available prior to the Notification of A.P.Indian Medicines and Homeopathy Service Rules, vide G.O.Ms.NO.69, Health, Medical and Family Welfare (1.2) Department, dated 14.03.2005, in accordance with the provisions of Andhra Pradesh Indian Medicines and Homeopathy Service Rules, 1994, by considering their claims. The said OA was dismissed by Andhra Pradesh Administrative Tribunal on 14.12.2006. Challenging the same, the petitioner filed the present writ petitioner.
2. None appears for the petitioner.
3. The matter pertains to the year 2007 and is listed under the caption „old matters‟.
4. In view of the above, the Writ Petition is dismissed for “want of prosecution”.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ___________________ RAVI NATH TILHARI,J
______________________ SUBHENDU SAMANTA,J
Dated:19.06.2026 AG
Dated:19.06.2026 AG