Supreme Court - Daily Orders
National Medical Commission vs Man Singh on 6 November, 2020
Bench: Uday Umesh Lalit, Vineet Saran, S. Ravindra Bhat
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No.3648/2020
(@ out of SLP(C) No.13302/2020)
NATIONAL MEDICAL COMMISSION & ANR. Applicant(s)
VERSUS
MAN SINGH & ORS. Respondent(s)
O R D E R
Leave granted.
The National Medical Commission Act, 2019 (2019 Act, for short), after receiving the assent of the President, was published in the Gazette on 08.08.2019. In terms of Section 1(3) of 2019 Act, the provisions of 2019 Act would come into effect on such date as the Central Government may appoint and the Central Government was also empowered to bring different provisions of the Act into force on different dates.
After certain provisions of the Act were brought into force, w.e.f. 02.09.2019, Writ Petition(C) No.11705 of 2019 was filed by 94 employees of the erstwhile Medical Council of India challenging the validity of 2019 Act.
While issuing notice in the writ petition on Signature Not Verified 14.11.2019, by way of an interim order, it was directed: Digitally signed by Dr. Mukesh Nasa Date: 2020.11.07 16:18:53 IST Reason:
"5. List in Court on 4.3.2020.
6. Till the next date of hearing, the 2 respondent shall maintain the status quo with regard to the services of all the 94 petitioners herein."
Thereafter, notification dated 24.09.2020 was issued by the Central Government to the following effect:
"S.O. 3262(E). - Whereas, in exercise of the powers conferred by sub-section(3) of the section 1 of the National Medical Commission Act, 2019 (30 of 2019), the provisions of sections 3,4, 5, 6, 8, 11, 16,17,18, 19, 56 & 57 of the said Act were brought into force with effect from the 2nd day of September, 2019 vide notification of the Government of India in the Ministry of Health and Family Welfare number S.O.3162(E), dated 2nd September, 2019 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub- Section(ii).
Now, therefore, in exercise of the powers conferred by sub- section (3) of the section 1 of the said Act, the Central Government hereby notifies that all the remaining provisions of the National Medical Commission Act, 2019 (30 of 2019) shall come into force with effect from the 25th day of September, 2020."
Thus, remaining provisions of 2019 Act including Section 60 came into force with effect from 25.09.2020. At this stage, Section 60 of the Act, may be extracted here:
“60. (1) With effect from such date as the Central Government may appoint in this behalf, the Indian Medical Council Act, 1956 shall stand repealed and the Medical Council of India constituted under sub-section (1) of section 3 of the said Act shall stand dissolved.
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,—
(a) the previous operation of the Act so repealed or anything duly done or suffered 3 thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(c) any penalty incurred in respect of any contravention under the Act so repealed; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed.
(3) On the dissolution of the Medical Council of India, the person appointed as the Chairman of the Medical Council of India and every other person appointed Member and any officer and other employee of that Council and holding office as such immediately before such dissolution shall vacate their respective offices and such Chairman and other Members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service:
Provided that any officer or other employee who has been, immediately before the dissolution of the Medical Council of India appointed on deputation basis to the Medical Council of India, shall, on such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be:
Provided further that any officer or other employee who has been, immediately before the dissolution of the Medical Council of India, employed on regular or contractual basis by the Medical Council of India, shall, on and from such dissolution, cease to be the officer or employee of the Medical Council of India and his employment in the Medical Council of India stand terminated with immediate effect:
Provided also that such officer or employee of the Medical Council of India shall be 4 entitled to such compensation for the premature termination of his employment, which shall not be less than three months' pay and allowances, as may be prescribed.
(4) Notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical college or to start higher course of studies or for increase in the admission capacity granted, any recognition of medical qualifications granted, under the Indian Medical Council Act, 1956, which are in force as on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder."
By letter dated 05.10.2020 all the officers/employees of the erstwhile Medical Council of India were informed as under:
“You are aware that the National Medical Commission has been constituted vide notification dated 24th September, 2020 and all the provisions of the National Medical Commission Act, 2019 have come into effect, including Section 60(3) which specifically provides for vacation of office by the officers and employees of Medical Council of India on its dissolution.
2. The Hon'ble High Court of Delhi vide its order dated 14.11.2019 in Writ Petition (C) 11705 of 2019 in the matter of Man Singh vs. Union of India has issued directions that the status quo with respect to the services of the employees shall be till the next date of hearing.
3. In view of the above, since the National Medical Commission has come into existence and their smooth functioning is essential, you are advised to vacate the offices with immediate effect. However, as directed by the Hon'ble 5 High Court, your services will continue subject to any further directions by the Hon'ble Court."
Taking exception to the aforesaid communication dated 05.10.2020 and subsequent communication dated 09.10.2020 Contempt Petition No.638/2020 was preferred by the Original writ petitioners.
While observing that in prima facie opinion of the Court, the communications dated 05.10.2020 and 09.10.2020 and other steps undertaken by the National Medical Commission had attempted to frustrate the order dated 14.11.2019 passed by the High Court, notice was issued by the High Court in the contempt application and following directions were issued:
"7. Till the next date of hearing, operation of the order dated 05.10.2020 issued by the respondent No.1 shall remain stayed. Further, the computers of the petitioners shall be made functional forthwith and so shall the biometric attendance machine for them to mark their attendance in the office of the respondent No.2, as they were doing earlier.
8. We may clarify that the aforesaid order is being passed in the light of the submission made by Mr. Singhdev, learned counsel for the respondent No.2/NMC that it is on the directions of the respondent No.1 that the respondent No.2 has been disbursing the monthly salaries to all the 94 petitioners. That being the position, there is no good reason why public money should be frittered away preventing the petitioners from discharging their duties as they were doing on 14.11.2019."
Mr. Vikas Singh, learned Senior Advocate in support of this appeal submitted:
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(a) Though in terms of Section 60 of the Act, there would be cessation of employment, in deference to the order passed by the High Court, all the concerned writ petitioners were being paid salary and emoluments without fail.
(b) However, if the concerned employees were to be permitted to re-enter the offices, it would create a situation of imbalance and disturb the functioning of the National Medical Commission.
In response Mr. P.S. Patwalia, learned Senior Advocate for all the original Writ Petitioners appearing on caveat submitted that the body of writ petitioners comprised of Peons, Drivers, Lift Operators, Clerks and Ministerial staff and most of them would not even be doing any regular office work. It was further submitted that it would be humiliating for an employee to be receiving salary and emoluments without putting in any work on his part.
Since the original writ petition is pending where the validity of 2019 Act is in question, at this stage, in our considered view, permitting employees to re-enter the offices may not be proper. So long as the employees are getting their salary and emoluments, there would not be any prejudice and it should be left to the employer to consider whether the services from such employees be taken or not.
We, therefore, modify the operative directions issued in paragraphs 7 and 8 quoted hereinabove and direct that 7 pending the hearing and disposal of the writ petition, the relationship between the National Medical Commission and the concerned writ petitioners shall be governed in terms of the communications dated 05.10.2020/09.10.2020.
The observations made in the present appeal shall not be taken as reflection on merits of the contentions advanced by either party. We request the High Court to take up writ petition for hearing as early as possible. Parties are at liberty to move an application for early hearing before the High Court.
With the aforesaid observations, this appeal is
allowed. No costs.
………………………………………….J.
[UDAY UMESH LALIT]
…….………..…………………..J.
[VINEET SARAN]
………………………………………..J.
[S. RAVINDRA BHAT]
New Delhi
November 6, 2020
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ITEM NO.37 Court 3 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 13302/2020
(Arising out of impugned final judgment and order dated 03-11-2020 in CCC No. 638/2020 passed by the High Court Of Delhi At New Delhi) NATIONAL MEDICAL COMMISSION & ANR. Petitioner(s) VERSUS MAN SINGH & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.114474/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.114473/2020-EXEMPTION FROM FILING AFFIDAVIT ) Date : 06-11-2020 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Tushar Mehta, Ld. SG Mr. Vikas Singh, Sr. Adv Mr. Gaurav Sharma, AOR Mr. Tanoodbhav Singhdev, Adv Mr. Prateek Bhatia, Adv Mr. Dhawal Mohan, Adv For Respondent(s) Mr. Paramjit Patwalia, Sr. Adv.
Mr. Vivek Chib, Adv.
Mr. Asif Ahmed, Adv.
Mr. Vikhyat Oberoi, Adv.
Mr. Pracheta Kar, Adv.
Ms. Ruchira Goel, AOR
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UPON hearing the counsel the Court made the following O R D E R Leave granted.
This appeal is allowed in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)