Delhi High Court - Orders
Ritu Verma vs National Medical Commission & Anr on 4 September, 2023
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9754/2022
RITU VERMA ..... Petitioner
Through: Mr. Ganesh Chand Sharma, Mr.
Saurabh Tyagi, Advocates
versus
NATIONAL MEDICAL COMMISSION & ANR. ..... Respondents
Through: Mr. T. N. Singhdev, Adv. for NMC
Mr. Nitin Khanna, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 04.09.2023
1. The Petitioner has approached this Court for a direction to Respondent No.1/National Medical Commission to entertain an appeal against an Order dated 17.03.2020 passed by the Haryana Medical Council.
2. Learned Counsel for the Petitioner places reliance on Section 61(2) of the National Medical Commission Act, 2019, which provides that the educational standards, requirements and other provisions of the Indian Medical Council Act, 1956 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under the Indian Medical Council Act, 1956.
3. The said provision would not help the Petitioner to maintain an appeal against the order of the Haryana Medical Council because after the repeal of the Indian Medical Council Act, 1956, and enactment of National Medical 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 16/09/2023 at 16:13:41 Commission Act, 2019, a right of appeal is restricted only to a doctor who is aggrieved by an order of the State Medical Commission.
4. Confronted with this, learned Counsel for the Petitioner seeks permission to withdraw the present writ petition with liberty to challenge the order of the Haryana Medical Council by initiating appropriate proceedings.
5. Permission and liberty, as prayed for, is granted.
6. The petition is disposed of as withdrawn along with pending application(s), if any.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
SUBRAMONIUM PRASAD, J SEPTEMBER 4, 2023 hsk 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 16/09/2023 at 16:13:41