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2015 Supreme(Bom) 1824

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Shalik Bhaurao Ade – Appellant
Versus
Medical Council of India – Respondent


Advocates Appeared:
Mr.Vikram Chavan with Mr.Pavan Patil and Mr.Balaji Barge for Petitioners in WP Nos.11429, 11431 and 11432 of 2012.
Mr.M.M.Vashi, Sr.Advocate with Ms.Aparna Deokar, Mr.Makarand Kale, P.Desai, S.M.Sharma i/by M.P.Vashi & Associates for Petitioner in WP No.562 of 2013.
Mr.Ganesh Gole for Respondent no.1 Medical Council of India.
Mr.Rahul Nerlekar for Respondent no.2 Maharashtra Medical Council.

JUDGMENT :

S.C.Dharmadhikari, J.

In all these petitions, common questions of fact and law are raised and, therefore, they can be disposed of by a common judgment.

2. Rule. Rule made returnable forthwith. Respondents waive service.

3. These petitions under Article 226 of the Constitution of India involve a challenge to the orders of Medical Council of India (`MCI') and Maharashtra Medical Council ('MMC') against Petitioners/Doctors for breach of professional code of ethics.

4. We would take the facts in two petitions so that the principal arguments of the learned counsel appearing for the Petitioners and the Respondents can be appreciated. Facts in Writ Petition No.562 of 2014 (O.S.) :

5. In Writ Petition No.562 of 2014, the Petitioner Dr. Shashikant Patel is a citizen of India. He is registered as a medical practitioner with Respondent no.2 MMC bearing registration no.47177. The Petitioner was appointed as a Professor of Anatomy by the medical college namely Melmaruvathur Adiparasakthi Institute of Medical Sciences located at Melamaruvathur in the State of Tamil Nadu (`said Medical College' for the sake of brevity).

6. On or about 1 February 2010, the Petitioner took charge as Dean of the













































































































































































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