Delhi High Court - Orders
Ravi Rai vs Medical Council Of India And Ors on 27 February, 2024
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~38 & 39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10506/2017
RAVI RAI ..... Petitioner
Through: Mr. Shivant Rawat, Advocate
versus
MEDICAL COUNCIL OF INDIA AND ORS. ..... Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Tanishq Srivastava,
Mr. Aabhaas Sukhramani, Mr. Bhanu
Gulati, Mr. Anum Husain, Mr.
Ramanpreet Kaur, Advocates for R-
1/NMC
Mr. Praveen Khattar, Advocate for R-
2/DMC
Mr. Fanish Kr. Rai, Mr. Gaurav
Sahdev, Advocates for R-3
+ W.P.(C) 10625/2017
RAVI RAI ..... Petitioner
Through: Mr. Shivant Rawat, Advocate
versus
MEDICAL COUNCIL OF INDIA AND ORS. ..... Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Tanishq Srivastava,
Mr. Aabhaas Sukhramani, Mr. Bhanu
Gulati, Mr. Anum Husain, Mr.
Ramanpreet Kaur, Advocates for R-
1/NMC
Mr. Praveen Khattar, Advocate for R-
2/DMC
Mr. Fanish Kr. Rai, Mr. Gaurav
Sahdev, Advocates for R-3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 04/03/2024 at 20:49:08
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 27.02.2024
1. The present writ petition is filed under Article 226 of the Constitution to set aside the common order dated 23.08.2017 passed by Medical Council of India and modification of the order dated 30.01.2017 passed by the respondent no.2 in complaint case bearing no.1888/2016 to the extent of the meagre quantum of punishment of 06 months given to the respondent no.3 for removal of the respondent no.3 from the rolls of the Medical Council permanently.
2. This Court vide order dated 20.08.2018 in para no.28 observed as under:-
28)Mr. Singhdev informed me that no such policy had been formulated. In my opinion, this aspect needs to be looked at, urgently, by MCI. MCI must have a sentencing policy in place for guidance of its Committees which are tasked with job of returning recommendations both, on the guilt and punishment to be accorded to a delinquent doctor. The sentencing guidelines should take into account the aggravating and mitigating circumstances, including but not limited to whether or not the delinquent doctor is a first time offender or a repeat offender. MCI, is directed to report on this aspect of the matter within the next three months.
3. Mr. T. Singhdev, Advocate appearing on behalf of the respondent no.1 stated that National Medical Commission (NMC) has claimed the National Medical Commission Registered Medical Practitioners (Professional Conduct) (Amendment) Regulations, 2023 which came into force from 02.08.2023. However, these guidelines/regulations were put under abeyance vide a subsequent notification dated 23.08.2023. Mr. T. Singhdev has produced the internal departmental noting to explain whereby This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/03/2024 at 20:49:08 the decision took place the Regulation 2023 to put under abeyance was actually done vide subsequent notification dated 23.08.2023. He further stated that the basic concern of the petitioner in the present petition has already been taken care of vide order dated 05.10.2023 passed in W.P.(C)1849/2020 by another Co-ordinate Bench of the court.
4. At this stage, Mr. Shivant Rawat, counsel appearing on behalf of the petitioner seeks short accommodation to further highlight the issue subject matter of present petition.
5. List on 13.03.2024.
DR. SUDHIR KUMAR JAIN, J FEBRUARY 27, 2024/j/ak This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/03/2024 at 20:49:08