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2023 Supreme(Del) 5345

SUBRAMONIUM PRASAD
Neena Raizada – Appellant
Versus
Medical Council of India Through Its Secretary – Respondent


Advocates appeared:
Mr. Trilok Nath Saxena, Mr. Abhinav Saxena and Dr. Shiv Kumar Tiwari, Advocates, for the Petitioner.
Mr. T. Singhdev, Mr. Aabhaas Sukhramani, Mr. Abhijit Chakravarty, Mr. Tanishq Srivastava, Ms. Anum Hussain, Mr. Bhanu Gulati and Ms. Ramanpreet Kaur, Advocates for R-1.
Ms. Sugandha Anand and Mr. Vaibhav Srivastava, Advocates for R-4.

JUDGMENT (Oral)

SUBRAMONIUM PRASAD, J.

1. The Petitioner seeks to challenge the Order dated 13.08.2019 passed by the Medical Council of India issuing a warning to Dr. Ravi Kumar and Dr. Arti Lalchandani not to issue any opinion letters without seeing the patients.

2. The Petitioner herein is the complainant. The Petitioner approached the UP State Medical Council alleging misconduct on the part of one Dr. Arti Lalchandani and Dr. Ravi Kumar for issuing a certificate dated 09.07.2014. The said certificate reads as under:

3. The allegation of the Complainant, who herself is a Doctor, is that Dr. Arti Lalchandani and Dr. Ravi Kumar issued the certificate even without examining the Complainant/Petitioner.

4. The UP State Medical Council warned the said doctors not to issue certificates/opinions without examining the patients. The said decision was challenged by the complainant before the Medical Council of India.

5. The Medical Council of India by the order impugned herein after examining the Petitioner herein, who is a Doctor herself and MD in Anesthesia, and after examining the concerned doctors, observed as under:

    "The Committee further noted that now, the appellant namely Dr. Neena Raizada

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