Alka Goel vs Medical Council Of India & Ors.
2014 Latest Caselaw 3063 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                            Judgment delivered on: 11th July, 2014

+                                W.P.(C) 4204/2014

       ALKA GOEL                                                 ..... Petitioner
                           Represented by:     Mr. A. Maitri and Ms.Radhika
                                               Chandrashekhar, Advocates.

                           Versus

       MEDICAL COUNCIL OF INDIA & ORS.           ..... Respondents
                   Represented by: Mr.T.Singhdev and
                                   Mr. Anshuman Mohla,
                                   Advocates for Respondent
                                   No.1.
                                   Mr.Praveen Khattar, Advocate
                                   for Respondent No.2/Delhi
                                   Medical Council.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.8438/2014 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 4204/2014 & CM No.8437/2014 (for stay)

1. Vide the present petition, the petitioner is seeking direction against the respondent No.1/Medical Council of India to adjudicate the appeal filed by her against the order dated 10.06.2014 passed by the respondent No.2/Delhi

Medical Council in accordance with Rule 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

2. Vide CM No.8437/2014, the applicant/petitioner is seeking stay of the operation of the order dated 10.06.2014, as noted above, till the adjudication/disposal of the appeal filed by the petitioner by the respondent No.1/Medical Council of India.

3. Mr.T.Singhdev, learned counsel for the respondent No.1/Medical Council of India appears on advance notice and submits that vide order 02.01.2014, passed in W.P.(C) No.8237/2013, held as under:-

" A perusal of the paper book reveals that in December, 2013 petitioner had filed an appeal with respondent-Medical Council of India under Regulation 8.8 of the Code of Ethics Regulations, 2002 against the impugned order dated 3rd December, 2013. Since admittedly the aforesaid appeal is not likely to be listed or heard before the penalty imposed by respondent-Delhi Medical Council comes into effect, i.e., on 3rd January, 2014, this Court is of the opinion that petitioner cannot be condemned unheard.

Consequently, present writ petition and application are disposed of with a direction to the Ethics Committee of respondent-Medical Council of India to dispose of petitioner's appeal as expeditiously as possible, preferably within a period of six months. Till the statutory appeal is disposed of, it is directed that the impugned order dated 3rd December, 2013 passed by respondent-Delhi Medical Council shall not be given effect to."

4. In view of the above recorded facts, execution of the order dated 10.06.2014 shall remain stayed till disposal of the appeal by the respondent No.1/Medical Council of India.

5. Accordingly, the instant petition alongwith pending application is disposed of.

6. A copy of this order be given dasti to the learned counsel for the parties.

SURESH KAIT, J.

JULY 11, 2014 sb