$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 277/2017, CM APPLs. 3225/2026, 3226/2026, 10463/2026 SHISHIR CHAND .....Petitioner Through: Petitioner-In Person versus MEDICAL COUNCIL OF INDIA (MCI) & ORS .....Respondent Through: Mr. T. Singhdev, Mr. Abhijit Chakravarty, Mr. Tanishq Srivastava, Ms. Yamini Singh, Mr. Vedant Sood, Mr. Ramanpreet Kaur, Advs. for R-1 Mr. Punit D Tyagi, Adv. along with Dr. Atul Chhabra, for R-2.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 16.02.2026 CM APPL. 3224/2026 (for recall of the order dated 30.08.2017)

1. This is an application filed by the petitioner seeking recall of the order dated 30.08.2017 passed by this Court in W.P.(C) 277/2017.

2. Essentially, the applicant seeks to impugn the validity/ authenticity of the degree of the respondent no.2 with regard to which plethora of criminal complaints have been filed by the petitioner. The relevant portion of the order dated 30.08.2017 reads as under:-

“2. Insofar as prayer no. (iii) is concerned, this Court is not inclined to grant the same. Since the allegation had been made that the doctor in question was not qualified, and certain conflicting reports were stated to have been received by the petitioner in this regard, this Court has examined the said aspect. Respondent no.4 has filed an affidavit which clearly affirms that respondent no.2 had passed his MBBS final exams held in April 1995. Respondent no.4 has also produced a tabular statement, indicating the marks obtained by respondent no.2 (his name features at serial no.3 of the said sheet).

3. Mr T. Singhdev, learned counsel appearing for respondent no.1 has also drawn the attention of this Court to an order dated 07.04.2017, passed by the Central Information Commission whereby respondent No. 1 (hereafter as ‘MCI’) was directed to procure information about the date of joining and passing out of respondent no.2 from the medical college and provide the same to the petitioner. In compliance with the said order, MCI had written to Mahatma Gandhi Memorial Medical College, Jamshedpur as well as respondent no. 4. Mahatma Gandhi Memorial Medical College, Jamshedpur had by a letter dated 20.05.2017, confirmed that respondent no.2 had joined the MBBS course on 05.02.1990 and had passed final MBBS part II examination held in the month of April 1995. This communication was duly forwarded to the petitioner.

4. Respondent no.2 has also produced the original degree dated 16.04.1998 awarded to him, which indicates that respondent no.2 had passed the Bachelor of Medicine and Bachelor of Surgery Examination held in the month of April 1995. He has also produced the original certificate of registration of respondent no.2 with the Bihar Council of Medical Registration. It appears that some confusion was caused because the final examination is termed as the final examination 1994, although it was held in April 1995. The same is apparent from the degree issued to respondent no.2. In this view, this Court does not find that there is any reason to further verify the medical qualifications of respondent no.2. The said prayer is, accordingly, rejected.”

3. Concededly, the said order was assailed before the Division Bench of this Court by the petitioner/ applicant. The Division Bench of this Court vide order dated 26.04.2018 observed as under:-

“This appeal is with respect to the correctness of the learned Single Judge’s conclusions that the respondent-Medical Council of India’s Ethics Committee ought to reconsider the matter afresh on merits.

The appellant urges that the findings of negligence have virtually been set aside by the impugned order, which even while noticing the prima facie determination of the Ethics Committee, commented that the review of the penalty of mere suspension from the medical practice for six months was done without following principles of natural justice.

The records disclose that the appellant had complained against the respondent doctor, pointedly alleging negligence in the treatme