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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
P. Swamy Goud – Appellant
Versus
State of Telangana, Represented by its Principal Secretary, Medical & Health – Respondent
ORDER :
Nagesh Bheemapaka, J.
Challenging the Notice dated 29.10.2025 issued by the 3rd respondent - Telangana State Medical Council, petitioner is before this Court.
2. Petitioner is stated to be a registered medical practitioner and running Sunrise Hospital at Sangareddy with 90 beds and 12 specialties and super specialty consultants working full time. He is the Resident Medical Officer (RMO) and Managing Director of the said hospital. While so, the 3rd respondent issued notice to petitioner dated 04.07.2022 on the basis of a complaint given by the 5th respondent that his son Master Rohit while riding a bicycle fell down and sustained a swelling near left elbow; he was taken to petitioner's hospital for treatment where an x-ray was taken and noticed that there was a hair line fracture and the boy was treated with POP slab and further advised to follow up after five days for re-manipulation and immobilization. On his reference to other hospitals, the 5th respondent was informed that his son was not properly treated at petitioner's hospital. To the said notice, petitioner submitted explanation. Petitioner states that the 5th respondent lodged a complaint in this regard with the Distri
The notice issued for disciplinary action against a medical practitioner must comply with mandatory procedural requirements, failing which it is considered void and unenforceable.
The authority to regulate clinical establishments lies exclusively with the designated authority under the Clinical Establishments Act, rendering actions by others unauthorized and the allegations ag....
The main legal point established in the judgment is the need for a thorough examination of prima facie case and expert medical opinions before initiating disciplinary proceedings against medical prof....
Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, allows for the removal of a doctor's name from the register for professional misconduct, b....
Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.
Healthcare providers must adhere to the standard of care associated with their qualifications, reinforcing medical negligence principles.
The Medical Council of India lacked jurisdiction to entertain an appeal filed prior to the enactment of amended regulations, which clarified the appeal process.
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