Teerthanker Mahaveer University vs Keshav Desiraju
2014 Latest Caselaw 1602 Del

$~30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+        CONT.CAS(C) 969/2013

         TEERTHANKER MAHAVEER UNIVERSITY ..... Petitioner
             Through Mr. Sandeep Sethi, Sr. Advocate with
                     Mr. Dhruv Kapur, Mr. Vijayender Kumar,
                     Ms. Megha Bansiwal, Advocates

                              versus

         KESHAV DESIRAJU                             ..... Respondent
             Through  Mr. Sachin Dutta, Mr. Vikram Aditya and
                      Mr. Rishabh Jaitley, Advocates for UOI.

         CORAM:
         HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA


% SUDERSHAN KUMAR MISRA, J. (ORAL)

CM No.5422/2014 This application has been moved by the petitioner for early hearing of the petition.

Issue notice.

Counsel for the respondent accepts notice and states that he has no objection to the same.

For the reasons stated in this application, the same is allowed, and the matter is taken up today itself.

The next date of 08.05.2014 stands cancelled. The application is disposed off.

Cont.Cas(C) No.969/2013 An affidavit of Dr. V. P. Mishra has been filed in this Court in terms

of the orders passed on 17.12.2013. There is, however no response to the same.

Mr. Dutta, counsel for the respondent, states, on instructions, that keeping in view the stand of the petitioner with regard to the candidature of Dr. V.P. Mishra before this Court on 17.12.2013, and the affidavit that he has filed thereafter, the matter has been processed with the Ministry of Health and Family Welfare to consider the candidature of Dr. V.P. Mishra as a nominee of the petitioner University in terms of the decision of this Court dated 02.12.2013 in Writ Petition (C) No.7604/2013. He submits that matter got slightly delayed because of another writ petition that has been filed by Dr. V.P. Mishra, bearing WP(C) No.6026/2013, titled Dutta Meghe Institute of Medical Sciences & Ors. v. Union of India & Ors., in the Nagpur Bench of Bombay High Court, which the petitioner has sought to withdraw sometime in February 2014.

Mr. Dutta further states, on instructions from Sh. Amit Vishwas, Under Secretary, Ministry of Health and Family Welfare, who is present in Court, that all the preliminary steps have been completed, and the file is now lying in the office of the Minister for his approval on 21.03.2014, whereafter the necessary notification would be issued. He states that the respondent shall endeavour to have the requisite notification issued within the next day or two.

The statement of counsel for the respondents is accepted by this Court, and the respondent shall remain bound by the same.

It is further stated that the Annual General Body Meeting of the Medical Council of India is scheduled for 28.03.2014.

This Court is conscious of the fact that such nominations to the Medical Council of India are made for a duration of one year and, therefore,

naturally, the most significant aspect of any such nomination would be the nominee's participation in the only Annual General Meeting of the Medical Council of India, that is convened during his tenure.

This Court is also conscious of the fact that the relevant orders were issued by this Court on 02.12.2013 while disposing off WP(C) No.7604/2013, and for one reason or the other, the matter is still hanging fire and the petitioner has been prompted to institute these proceedings in contempt. It is only because the respondents appear to have taken urgent steps; particularly after the last hearing; that this Court is persuaded not to probe the matter further.

This Court therefore expects that the remaining process is treated with sufficient despatch to ensure that the entire exercise of the nomination of the petitioner's aforesaid nominee is not rendered largely futile.

Under the circumstances, counsel for the petitioner states that he does not wish to press this petition any further.

The instant petition is disposed off.

A copy of this order be given dasti under the signatures of the Court Master to counsel for the parties.

Another copy of this order be communicated to the Secretary, Ministry of Health & Family Welfare by the Registry. It would be open to the respondent to bring this order to the notice of the Minister concerned also.

(SUDERSHAN KUMAR MISRA) Judge MARCH 25, 2014 dr