S S Institute Of Medical Sciences ... vs The National Medical Commission
2022 Latest Caselaw 1771 Kant

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 4TH DAY OF FEBRUARY, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.1994 OF 2022 (EDN - RES)

BETWEEN:
S.S. INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE, JNANASHANKARA,
NH 4, BYPASS ROAD,
DAVANAGERE - 577 005.
KARNATAKA STATE.
REPRESENTED BY ITS PRINCIPAL /
DEAN DR B S PRASAD,
AGED 61 YEARS,
S/O LATE B P SHIVAPRASAD,
R/O DAVANAGERE.
                                             ...PETITIONER
(BY SRI.M.R.NAIK, SENIOR COUSEL FOR
    SRI.SURAJ NAIK, ADVOCATE)


AND:

1.     THE NATIONAL MEDICAL COMMISSION,
       POCKET 14, SECTOR 8,
       DWARAKA PHASE 1,
       NEW DELHI - 110 077.
       REPRESENTED BY ITS CHAIRMAN.

2.     MEDICAL ASSESSMENT AND
       RATING BOARD;
       THE NATIONAL MEDICAL COMMISSION,
       POCKET 14, SECTOR 8,
       DWARKA PHASE 1,
       NEW DELHI - 110 077.
       REPRESENTED BY ITS PRESIDENT.

3.     THE UNION OF INDIA,
       THROUGH THE MINISTRY OF
       HEALTH AND FAMILY WELFARE,
       NIRMAN BHAWAN, C WING,
       NEW DELHI - 110 001.
                                2

     THROUGH ITS SECRETARY.
                                         ...RESPONDENTS
(BY SRI. N.KHETTY, ADVOCATE FOR R1 AND R2;
    SRI.HARSHA P BANAD, ADVOCATE FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO
TREAT THE COMMUNICATION DATED 22.1.2022 SUBMITTED BY
THE PETITIONER (CID ANENXURE - F) AS AN APPEAL UNDER
SECTION 28(5) OF THE NMC ACT 2019 AND EXPEDITIOUSLY
DECIDE THE SAME AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The short grievance of the petitioner in the prayer in the

petition is that the appeal which he has filed on 22.01.2022

and copies thereof filed subsequently, need to be treated

expeditiously and in accordance with law in terms of Section

28(5) of National Medical Commission Act, 2019, which

prescribes 30 days for disposal.

2. Learned Senior Advocate appearing for the

petitioner in support of his submission banks upon a Division

Bench decision of Allahabad High Court in Writ-C No.

34994/2021 between SCHOOL OF MEDICAL SCIENCES &

RESEARCH VS. UNION OF INDIA & OTHERS. The

penultimate paragraph in the said judgment reads as under:

"Accordingly, we dispose of the writ petition with direction to the fourth respondent to ensure that the

appeal preferred by the petitioner is decided in accordance with law expeditiously but not later than ten days from today."

3. Learned Panel Counsel appearing for the

Commission opposes the writ petition contending that even

the ink on the appeal papers has not dried up, and the

petitioner is knocking at the doors of the Writ Court

unjustifiable haste.

4. Having heard the learned counsel for the parties

and having perused the petition papers, this Court is broadly

in agreement with the view of the Hon'ble Allahabad Court

referred to above, there being no reason to take a different

line of thought in the matter, when similarities galore.

In the above circumstances, this writ petition is

disposed off directing the first respondent National Medical

Commission to hear & dispose off petitioners' subject appeal

within fifteen days, all contentions having been kept open.

No costs.

Sd/-

JUDGE DS