Amit Kumar Agarwal vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Amit Kumar Agarwal – Appellant
Versus
Union of India – Respondent

Table of Content
1. background facts of the case. (Para 1 , 2)
2. contentions regarding appeal rights. (Para 3 , 7 , 8 , 12 , 14)
3. court's interpretation of applicable law. (Para 4 , 5 , 6 , 9 , 10 , 11 , 13 , 24 , 25)
4. principles of harmonious construction. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
5. dismissal of the appeal. (Para 26 , 27)

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present LPA arises out of an Order dated 02.09.2022 passed by the learned Single Judge in W.P.(C) 7566/2022 whereby the same was dismissed on the ground that an Order of the Ethics and Medical Board can only be subjected to an appeal by a `medical practitioner' or a `professional'.

2. The facts in brief, leading to the instant appeal are as under:

i. It is stated that in the year 2017, the Appellant lost his nephew as a result of Haplo Stem Cell Transplant, a clinical trial carried out by Respondent No.4/ Dr. Satyender Katewa at Respondent No.3/ Manipal Hospital, Jaipur.

ii. It is stated that the Appellant herein filed a complaint before Rajasthan State Medical Council on 12.03.2018, and before the Medical Council of India (MCI)/National Medical Commission (NMC) on 27.03.2018. Furthermore, an FIR

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DELHI HIGH COURTSATISH CHANDRA SHARMA, SUBRAMONIUM PRASADAmit Kumar Agarwal – AppellantVersusUnion of India – Respondent

DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Amit Kumar Agarwal – Appellant
Versus
Union of India – Respondent