Delhi High Court
Shubhra Verma Bhatnagar vs Dr Jayshree Mehta on 6 August, 2018
#46
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 06.08.2018
CONT.CAS(C) 583/2018
SHUBHRA VERMA BHATNAGAR ..... Petitioner
versus
DR JAYSHREE MEHTA ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rohit Kumar Singh and Mr. Abhimanyu Shrestha, Advocates
For the Respondents : Mr. T. Singhdev and Mr. Tarun Verma, Advocates with Ms. Parul Goel,
Deputy Secretary
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
CM APPL.31290/2018 & CM APPL.31291/2018 (Exemption)
Exemptions granted subject to all just exceptions.
The applications are disposed of accordingly.
CONT.CAS(C) 583/2018
1. The present petition under Article 226 of the Constitution of India
read with Section 12 of the Contempt of Courts Act, 1971 prays as follows:-
"It is therefore most respectfully prayed that this Hon'ble
Commission may be pleased to:
a) Initiate contempt proceedings against the alleged
contemnor for intentionally defying the directions issued
by this Hon'ble Court vide order dated 11.10.2017 passed
by this Hon'ble Court in Writ Petition (Civil) No.2710 of
2016; and
b) Pass such other and further order(s)/direction(s) as this
Hon'ble Commission may deem fit in the interest of
justice."
2. Issue notice.
3. Mr. T. Singhdev, learned counsel appearing on behalf of Medical
Council of India, on advance notice, HAS placed on record a communication
dated 31.07.2018, addressed to the petitioner herein, whereby the latter has
been informed as under:-
"Subject:- Appeal dated 02.07.2014 received from Dr.
Dilip Mathur, Noida against order dated 10.06.2014 passed
by Delhi Medical Council
&
W.P.(C) 2710/2016 & CM No.11437/2016 in the Hon'ble
High Court of Delhi.
Sir,
With regard to the above mentioned subject it is to
inform you that the opinions of the Three Expert Members of
the Committee (Dr. G.D. Puri, Prof & Head, Department of
Anaesthesia, Dr. B.R. Thapa, Prof. & Head, Department of
Gastroenterology, and Dr. Yashpal Sharma, Prof. & Head,
Department of Cardiology, PGIMER, Chandigarh) as
constituted by the Ethics Committee in pursuance of order
dated 11.10.2017 of the Hon'ble High Court, in the first
instance have now been received in the Council office.
Further as per the order passed by the Hon'ble High
Court, the separate opinions of the three experts, is being sent
to you with a request to submit your comments/response on
the said opinions within a period of 2 weeks from the date of
receipt of the letter.
The comments submitted by you shall be further
forwarded to the aforementioned Three Members Expert
Committee. Thereafter, the Committee of the above Experts
shall convene a meeting wherein an opportunity of personal
hearing shall be provided to you in the matter as directed by
the Hon'ble High Court. Further the three member Expert
Committee shall examine the issues as contained in paragraph
1 of the order dated 11.10.2017 and submit their final report
in the Council office.
Yours faithfully,
(Dr. Parul Goel)
Deputy Secretary"
4. A perusal of the above communication dated 31.07.2018 reflects that
the MCI is taking necessary steps, in terms of the directions issued by this
Court vide order dated 11.10.2017.
5. Learned counsel appearing on behalf of the petitioner states that since
they have received a copy of the above said communication, only today, the
Court may permit them to submit their comments/response thereto, in terms
of the directions of this Court, within a period of three weeks from today.
6. Directed accordingly.
7. Needless to state that the Medical Council of India shall comply with
the directions contained in the order dated 11.10.2017, in letter and spirit
thereafter and afford an opportunity to the petitioner to be heard in terms
thereof.
8. With the above observations, the writ petition is disposed of.
SIDDHARTH MRIDUL
(JUDGE)
AUGUST 06, 2018
dn
