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1998 Supreme(Bom) 92

Rushad T. Udwadia – Appellant
Versus
Maharashtra Medical Council and others – Respondent


JUDGMENT - S.S. PARKAR, J.:---The petitioner who is a Medical Practitioner has impugned in this petition the show-cause notice dated 2nd February, 1987 issued by respondent No. 1 i.e. Maharashtra Medical Council which is annexed as Exhibit "K" to this petition. By the said petition, the petitioner has also impugned the communication dated 12th October, 1987, which is annexed as Exhibit "S" to this petition whereby the respondent No. 1- Medical Council had rejected his application to disallow Dr. Lalmalani to participate in the inquiry as a member of the Maharashtra Medical Council.

2. The brief facts leading to the present petition are as follows:

Respondent No. 2 was examined in Sion Hospital for Primary Sterility. The petitioner had performed testicular biopsy test on the respondent No. 2 on 17-10-1985 for assessing sperm production. After the said test was carried out and receipt of the biopsy report, the respondent No. 2 had filed complaint that instead of performing biopsy test the petitioner had removed a piece of the epididymis on the left side and a piece of vas deference on the right side which according to the opinion given to the complainant by Dr. G.H. Tilak an Urologist






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