1. By way of present petition the petitioner impugns order dated 18.05.2011 passed by Ethics Committee of Medical Council of India whereby the quantum of punishment was enhanced from “warning” as issued by Delhi Medical Council vide order dated 07.12.2010 to “three months removal of the name of the petitioner from the Indian Medical Register/ State Medical Register”.

2. The facts as culled out from the petition are that a child patient, namely, Samiksha was brought to the casualty of Holy Family Hospital, Okhla, New Delhi at around 8:00 p.m. on 04.12.2009. The child was sick for three months with a history of losing weight, recurrent vomiting and abdominal pain for the last 15 days and had not passed urine since that morning. The child, on examination by Dr. Shailesh Saxena a Resident Paediatrician on call duty, was found malnourished, dehydrated and less active. Certain treatment was prescribed in the casualty to be started just after admission.

3. On clinical examination of the child and history given in the casualty, provisional diagnosis was noted as “Failure to thrive with recurrent vomiting and moderate dehydration”. It is stated that the Resident Paediatrician on call