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2022 Supreme(Del) 1204

YASHWANT VARMA
Harish Gupta, Dr. – Appellant
Versus
Uoi – Respondent


Advocates appeared:
Mr. Jaideep Gupta, Sr. Adv. with Ms. Pusshp Gupta, Ms. Manika Priya S. & Mr. Riddhi Bose, Advs, for the Petitioner; Mr. Vikrant N Goyal, Mr. Mayank Goswami, Mr. Shikhar Sardana, Ms. Harshita, Mr. Ajay Singh, Advs, for the Respondents No. 1/UOI; Mr. Praveen Khattar, Adv, for the Respondents No. 2; Mr. Anuj Agarwal, ASC with Ms. Ayushi Bansal, Mr. Sanyam Suri, Advs, for the Respondents No. 3 & 4; Mr. T. Singhdev & Mr. Abhijit Chakravarty, Advs, for the Respondents No. 5; Mr. Maninder Singh, Sr. Adv. with Mr. Shoaib Qureshi, Mr. Karmanbir Singh, Mr. Prabhas Bajaj Advs, for the Respondents No. 6

Table of Content
1. writ petition challenges dmc nomination process. (Para 1 , 2 , 3)
2. petitioner's argument against dmc's authority to withdraw nomination. (Para 4 , 5 , 6)
3. relevant statutory provisions regarding medical advisory council. (Para 7 , 8 , 9)
4. understanding of tenure and powers of the medical advisory council. (Para 10 , 12 , 13)
5. doctrine of pleasure and its implications for nominee rights. (Para 14 , 15 , 16 , 17 , 20 , 23)
6. court's rejection of arguments related to co-terminus terms. (Para 24 , 28 , 41 , 44)
7. writ petition dismissed for lack of merit. (Para 45)

JUDGMENT

1. This writ petition had impugned a notice dated 23 June 2021 issued by the Delhi Medical Council DMC convening a meeting on 23 July 2021 of its members for discussion of various matters set out in the agenda including agenda No.4 which dealt with a proposed nomination of a new member to represent the DMC in the Medical Advisory Council 2 of the National Medical Commission Commission

2. The petitioner assails the aforesaid notice in the backdrop of him having been elected as the nominee of the DMC and in turn to represent it in the MAC in terms of the provisions made in Section 11 (2)(e) of the

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