"The medical profession is one of the oldest professions of the world and is the most humanitarian one. There is no better service than to serve the suffering, wounded and the sick. Inherent in the concept of any profession is a code of conduct, containing the basic ethics that underline the moral values that govern professional practice and is aimed at upholding its dignity. Medical ethics underpin the values at the heart of the practitioner-client relationship. In recent times, professionals are developing a tendency to forget that the self-regulation which is at the heart of their profession is a privilege and not a right and a profession obtains this privilege in return for an implicit contract with society to provide good, competent and accountable service to the public. It must always be kept in mind that a doctor's is a noble profession and the aim must be to serve humanity, otherwise this dignified profession will lose its true worth."

[State of Punjab v. Shiv Ram reported in (2005) 7 SCC 1, para 34]

This judgment of the Supreme Court will set a tone for the case on hand.

2. These five writ petitions came to be posted on being specially ordered by the Hon'ble Acting Chief Justice, vide order dated 1.3.2013. Out of five writ petitioners, four writ petitioners have challenged the order dated 21.08.2012 issued by the Chairman of the Ethics committee of the Medical Council of India, New Delhi and the consequential order of the second respondent, i.e., the Board of Governors of the MCI functioning in the place of elected medical council, dated 27.09.2012 and seeks to set aside the same. By the aforesaid order, the petitioners' names were directed to be removed from the State Medical Register for a period ranging from 3 to 5 years.

In W.P.No.29888 of 2012, when the matter came up on 22.11.2012, status quo as on date was directed to be maintained. Subsequently, it was clarified that in the interim order all the four writ petitions (W.P.Nos.29090, 29091, 29888 and 29894 of 2012) were mentioned, it was stated that it will maintain only in respect of W.P.No.29888 of 2012. Thereafter, orders were passed on 30.11.2012, 17.12.2012, 08.01.2013, 31.01.2013 and 12.02.2013. It was generally stated that the earlier order granted was extended from time to time and finally by an order dated 12.02.2013, it was extended until further orders. Aggrieved by the grant of the interim order, vacate order applications were filed in M.P.Nos.1 of 2013 seeking to vacate the interim order. In all 4 writ petitions, the College in which the petitioners were allegedly employed as faculty members, i.e., Melmaruvathur Adhi Parasakthi Institute of Medical Science and Research (for short MAPIMS) was also impleaded vide order dated 22.11.2012 and 26.11.2012.

4. When these four writ petitions were pending consideration, the 5th writ petition came to be filed in W.P.No.3593 of 2013 by one Dr.T.Ramesh. He has come forward to challenge the order, dated 21.01.2013 passed by the MCI, wherein and by which his name was directed to be removed from the State Medical Register for a period of 5 years with an immediate effect. He is not only a faculty member in the said college, but also the Managing Director of the MAPIMS. In view of the pendency of other cases, they were all grouped together and heard.

5. The circumstances which led to take disciplinary action against the said five doctors can be briefly stated as follows :

Dr. Ketan Desai, who was the then President of the MCI was arrested by the CBI and a criminal case was registered against him punishable under Section 120B and 420 IPC read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. The charge against him was that as the Chairman of the Executive Committee of the MCI, he had recommended renewal of permission for admission of third batch of students run by the MAPIMS for the academic year 2010-2011. He had granted renewal even though MAPIMS did not possess requisite infrast