Delhi High Court
Dr. Ashwani Maichand vs Delhi Medical Council And Ors. on 6 March, 2017
$~49
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 06.03.2017
W.P.(C) 1991/2017
DR. ASHWANI MAICHAND ..... Petitioner
versus
DELHI MEDICAL COUNCIL AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. K.G. Sharma with Mr. Jai Sahai Endlaw, Advocates.
For the Respondents : Mr. Praveen Khattar, Advocate for respondent No.1 with
Mr. LDS Uppal, Asstt. Secretary, DMC.
Mr. T. Singhdev with Ms. Puja Sarkar,
Ms. Biakthansangi and Mr. Tarun Verma, Advocates
for respondent No.2.
Mr. Abhinav Shrivastava with Mr. Sameer Jain and
Mr. Harmeet Singh Ruprah, Advocates for respondent No.3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 06.03.2017
CM No.8795/2017 (exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1991/2017 & CM No.8794/2017 (stay)
Issue notice. Notice is accepted by the learned counsel appearing for
the respondent No.1 as also by the learned counsel appearing for the
respondent No.2. Notice is also accepted by the learned counsel appearing
for the respondent No.3.
Learned counsel for the petitioner, under instructions, submits that the
petitioner is restricting the present petition to considering of an interim order
pending consideration of the appeal filed by the Medical Council of India.
He submits that since the appeal, filed by the petitioner against order dated
30.01.2017 of Delhi Medical Council, is not likely to be listed shortly, as the
same is under scrutiny and the operative portion of the order dated
30.01.2017 directing removing the name of the petitioner, has already come
into force on 02.03.2017, grave prejudice is going to be caused to the
petitioner. He submits that insofar as the merits of the order of 30.01.2017
are concerned, he would press the same in the appeal already filed before the
Medical Council of India. He also withdraws the challenge to the said order
on the ground that punishment could not have been directed to be given
effect to, prior to the expiry of 60 days' period prescribed for filing an
appeal under the Rules of Medical Council of India.
Learned counsel appearing for the Medical Council of India confirms
that the appeal has been filed and the same is being scrutinized by the
Registry for the purposes of listing. He submits that the process of scrutiny
etc. takes some time and the appeal would be listed in due course and,
thereafter, the hearing would commence.
The penalty, imposed by the Delhi Medical Council, by the impugned
order dated 30.01.2017, has come into force with effect from 02.03.2017
and as the appeal is not likely to be heard shortly, the appeal of the petitioner
cannot be rendered infructuous on the sole ground that the Medical Council
of India is not in a position to take up the appeal prior to the period of
removal coming to an end.
Consequently, the writ petition and the application are disposed of
with a direction to the Ethics Committee of the Medical Council of India to
take up the appeal for consideration in its very next sitting. The Medical
Council of India shall dispose of the appeal of the petitioner as expeditiously
as possible preferably within a period of four weeks of the first sitting of the
Ethics Committee.
The counsel for the petitioner as well as the complainant assure that
their clients shall render full cooperation to the Ethics Committee and
facilitate the disposal of the said appeal within the time stipulated by this
Court.
Till the appeal is disposed of, it is directed that the operation of the
impugned order dated 30.01.2017 shall remain stayed.
Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
MARCH 06, 2017
st
