Dr.Kanthiah vs ) Medical Council Of India
2023 Latest Caselaw 11780 Mad

                                                                             W.P.No.24982 of 2014

                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED: 04.09.2023

                                                   CORAM

                           THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
                                           AND
                       THE HONOURABLE Mr.JUSTICE.V.LAKSHMINARAYANAN

                                           W.P.No.24982 of 2014
                                           and M.P.No.2 of 2014


                 Dr.Kanthiah                                               ... Petitioner


                                                       Vs

                 1) Medical Council of India,
                    Rep. By its Deputy Secretary/Administrative Officer,
                    Pocket – 14, Section -8.
                    Dwarka, New Delhi 110 077

                 2) Ethics Committee,
                    Medical Council of India,
                    Rep. By its Chairman,
                    Pocket – 14, Section -8,
                    Dwarka, New Delhi 110 077                              ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                 to issue a Writ of Certiorari, calling for the records in connection with the
                 impugned show cause notice in MCI-211(2)(620)(CBI-38)-Ethics/ dated
                 25.08.2014 on the file of the first respondent and quash the same.

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                                                                             W.P.No.24982 of 2014

                                  For Petitioner     : Mr.N.Senthilkumar

                                  For R-1           : Mrs.Shubharanjani Ananth,
                                                      Standing Counsel

                                                    ******
                                                   ORDER

(The order of the Court was made by J.NISHA BANU, J. and V.LAKSHMINARAYANAN, J.)

This writ petition challenges the show cause notice issued by the

Medical Council of India, making certain allegations against the doctor.

2. Mr.N.Senthilkumar, learned counsel for the petitioner would

submit that the concerned Authority to initiate action is only the State

Medical Council and not the Medical Council of India.

3. This very question was put in issue before the Division Bench of

the Bombay High Court in W.P.No.11429 of 2012 (AS)...etc. in a batch. By

a detailed judgment, the Bombay High Court had dismissed the writ

petitions, holding as follows:-

“37. We are in complete agreement, therefore,

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with Mr.Gole that the Council has original and appellate power as well in terms of the IMC Regulations. Once these Regulations and all the chapters thereof are read together and harmoniously, it is evident that nothing which is a misconduct or an infamous conduct, can go without a disciplinary enquiry and unpunished. If the larger public interest is to be served and bearing in mind the role of medical practitioners and physicians, then such comprehensive regulations and measures have to be enacted. Having enacted them, a meaning will have to be placed on its clauses enabling the Councils to deal with the misconduct and/or infamous acts. That would be advancing the remedy. A narrow or restricted interpretation is likely to frustrate and defeat the IMC Act itself. Therefore, we are not in agreement with the learned counsel for the Petitioners insofar as the jurisdiction, power and authority of Council are concerned.”

4. The said matter was put in appeal before the Hon'ble Supreme

Court of India in SLP(Civil) No.32464 of 2015. The Hon'ble Supreme

Court, by an order dated 30.11.2015 had declined to entertain the SLP and

the SLP was dismissed.

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5. We have independently gone through the provisions and we are of

the firm view that the erstwhile Medical Council of India had the power,

both original as well as appellate, in matters of discipline. We therefore

come to a conclusion that the Medical Council of India had the jurisdiction

to issue the show cause notice. At the stage of challenge to a show cause

notice, we cannot go into the merits of the allegations made by the

petitioner. The petitioner can raise the issue of jurisdiction alone. That

argument failing, the writ petition has to fail.

6. Having being satisfied with the jurisdiction, we are of the view that

the petitioner may submit his explanation, if not already submitted. The

State Ethics Committee, which is a body under the State Medical Council,

pursuant to the show cause notice that has been issued, shall initiate and

complete the disciplinary proceedings, in terms of Section 27 of the

National Medical Commission Act, 2019.

7. In case response has not been submitted, then, the response shall be

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submitted within a period of four(04) weeks from today, i.e. 04.09.2023. It

is open to the writ petitioner to raise all contentions excepting those relating

to jurisdiction as it has been concluded by an order of this Court. The entire

exercise shall be completed by the second respondent within a period of

twelve(12) weeks thereafter. With the above directions, this Writ petition

stands dismissed. No costs. Consequently, connected miscellaneous petition

is closed.

(J.N.B.,J.) (V.L.N.,J.) 04.09.2023

Index:Yes/No Speaking/Non-speaking order Neutral Citration: Yes / No sts

To:

1) The Deputy Secretary, Medical Council of India, Pocket – 14, Section -8.

Dwarka, New Delhi 110 077

2) The Chairman, Ethics Committee, Medical Council of India, Pocket – 14, Section -8, Dwarka, New Delhi 110 077

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https://www.mhc.tn.gov.in/judis W.P.No.24982 of 2014

J.NISHA BANU,J.

and V.LAKSHMINARAYANAN,J.

sts

Order made in W.P.No.24982 of 2014

Dated:

04.09.2023

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