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 said Medical College. An inspection team of MCI carried out an inspection of the said Medical College on 29 March 2010. During this inspection, the inspection team claims to have found 32 declaration forms in respect of 32 faculty members, who were appointed by one Dr.T.Ramesh. It is further claimed by the Respondent no.1 that all the 32 faculty members were practicing Doctors and, therefore, they could not have been shown as full time faculty members. On the inspection report of this team, a complaint was filed with Central Bureau of Investigation (`CBI') at Chennai. The Petitioner in this petition is shown as accused no.7 in the said complaint. The case of the Petitioner is that he had no role absolutely in making appointments of any of these 32 medical practitioners/doctors. Therefore, he gave a statement and recorded by the CBI, that the Petitioner was appointed as an adhoc Dean on 22 January 2010 and took charge on 1 February 2010. The appointment of these 32 doctors was made much prior to the Petitioner's appointment as Dean of the said Medical College.

7. It is in these circumstances that the Petitioner in WP No.562 of 2014 was surprised to be served with an order dated 21 January 2013 passed by MCI the first Respondent in that petition, directing the MMC to remove the name of the Petitioner from the State Medical Register for five years. Annexure-A to the petition is a copy of this order.

Facts in Writ Petition No.11429 of 2012 (A.S.) :

8. The Petitioner in Writ Petition No.11429 of 2012 filed on the Appellate Side of this Court states that he completed successfully his MBBS course from Grant Medical College, Mumbai in the year 1995. On 26 February 1997, he was registered as a medical practitioner with Respondent no.2 to this petition namely Maharashtra Medical Council. His registration number is MMC82206. In the year 2000, the Petitioner completed his post graduation in Radio Diagnosis from Grant Medical College itself. He had an excellent academic record and has fared well in all the examinations. During 2001 and 2009, this Petitioner worked as Lecturer/ Associate Professor in various colleges. As there were vacancies to be filled, in the said Medical College in the State of Tamil Nadu, the Petitioner in this petition, approached the said Medical College. It is his claim that pursuant to the application made, he was interviewed by a duly constituted selection committee. He faired well in the interview and bearing in mind his academic record, the Petitioner was appointed as an Assistant Professor in the Department of Radiology at the said Medical College on 1 October 2009. AnnexureB to this petition is a copy of the appointment order.

9. Th