Calcutta High Court (Appellete Side)
Calcutta Medical Research Institute ... vs Arshe Azam And Aother on 27 June, 2019
1 C/l.
199. Bpg.
June 27, 2019 In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.1396 of 2019 Calcutta Medical Research Institute (CMRI) Versus Arshe Azam and aother Mr. Shibaji Kumar Das, Mr. Ahshan Ahmed.
...for the petitioner.
The petitioner has raised a valid contention as to whether the West Bengal Clinical Establishment Regulatory Commission at Kolkata acted without jurisdiction in imposing compensation of Rs.10,00,000/- against the complainant for having represented the concerned doctor, being the present proforma opposite party no.2, as a paediatric surgeon, although he was only a surgeon, by overlooking the certificate issued by the institution wherefrom he obtained such degree, to the effect that the said doctor was entitled to practice under the specialty of paediatric surgeon by virtue of holding a degree of surgery, and in giving a go-bye to the list of recognized degrees appended to the Indian Medical Council Act, 1956, which 2 recognized the degree of surgery issued by such university as a valid degree.
Accordingly, the petitioner shall serve copies of C.O. No.1396 of 2019 on the opposite party no.1 as well as proforma opposite party no.2 indicating that the matter will appear under the heading "Upgraded Matters" on July 24, 2019, when the petitioner shall file an affidavit of service.
There will be stay of operation of the impugned order till August 15, 2019 or until further orders, whichever is earlier.
(Sabyasachi Bhattacharyya, J. )