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DELHI HIGH COURT
YASHWANT VARMA
Harish Gupta (Dr.) – Appellant
Versus
Union of India – Respondent


JUDGMENT

1. This writ petition had impugned a notice dated 23 June 2021 issued by the Delhi Medical Council1 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 Council2 of the National Medical Commission3 .

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 National Medical Commission Act, 20194 . The petitioner was elected as the nominee of the DMC in a meeting duly convened and held. The name of the petitioner as the nominee of the DMC was also duly notified by the Ministry of Health and Family Welfare in the Union Government on 11 October 2019. It was the assertion of the petitioner that since the aforesaid nomination had been made pursuant to a request made by the Union Government calling upon the DMC to communicate the name of its nominee, the DMC could not have unilaterally withdrawn that nomination. When the writ petition initially c

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