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2021 Supreme(Online)(MAD) 42847
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2021 CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN W.P.Nos.37042 of 2006 and W.P.M.P.No.1 of 2006 and 38944 of 2006 and W.P.M.P.1 and 2 of 2006 ---
Dr.B.AnandaRajan.. ... Petitioner in W.P.No.37042 of 2006 Dr.S.T.Balamurali ... Petitioner in W.P.38944 of 2006 vs
1)The Medical Council of India, rep. By its Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi 110075.
2)The Union of India, Rep. By its Secretary, Ministry of Health, New Delhi.
3)The Registrar, Dr.M.G.R.Medical University, Guindy, Chennai-25. ..Respondents in W.P.No.37042/2006
4)The Dean, MES Medical College, Calicut, Kerala.
5)The Dean, Dr.Pinnammaneni Institute of Medical sciences, Chinoutpalli ....Respondents in W.P.No.37042 of 2006
4)The Dean, PES Institute of Medical Sciences, Kuppam
5) The Dean Mahatma Gandhi Medical College Pondicherry ..Respondents in W.P.38944 of 2006 Prayer in W.P.No.37042/2006:-
Writ Petition filed praying to issue a Writ of Certiorarified Mandamus calling for the records in NO.MCI-34(C)/2004-MC./12958 dated 06.09.2006, st st on the file of the 1 respondent and direct the 1 respondent to include the petitioner’s name in the Medical Council of India.
Prayer in W.P.No.38944 of 2006:-
Writ Petition filed praying to issue a Writ of Certiorarified Mandamus calling for the records in NO.MCI-34(C)/2004-MC./12948 dated 06.09.2006, st st on the file of the 1 respondent and direct the 1 respondent to include the petitioner’s name in the Medical Council of India.
For Petitioners : Mr.A.Thiyagarajan For Respondents : Mr.M.S.Seshathri for Mr.V.P.Raman, for R1 Mr.D.RaviChander for R3 Mr.Elumalai, Addl Govt. Pleader for R4 and R5.
COMMON ORDER
The petitioner in W.P.No.37042 of 2006 has enrolled and registered as a Doctor in the Medical Council in the State of Tamil Nadu as per the provision sof the Medical Council of India. The petitioner joined in the Chengalpattu Medical College on 10.07.2002 and worked till the date of his voluntary retirement on 18.06.2004. It is submitted by the petitioner that he applied to the Lecturer post in MES Medical college, Calicut and on 13.09.2003, he attended interview but did not receive any appointment order. Thereafter, he joined in the Meenakshi Medical College as a professor on 22.12.2004 and had been working there. At that time, the petitioner was issued a show cause notice and called upon by the Ethics Committee alleging certain misconduct. The show cause notice issued on 04.10.2004 stated that at the time of inspection in the mentioned colleges by Medical Council of India, the college authorities had submitted a set of declaration forms regarding employment of teachers, those sets of declaration forms contained a declaration form duly signed by the petitioner declaring that he was working full time in these institutes.
The name of college, date of joining, date of inspection is given as follows:-
| Name of College | Date of joining | Date of inspection |
| Chengalpattu Medical College, Chengalpattu | 10.07.2002 | 09.01.2004 |
| MES Medical College, Calicut | 31.08.2003 | 13.09.2004 |
| Dr.Pinnamaneni Institute of Medical Sciences, Chinoutpalli | 02.03.2004 & 5.01.2004 | 22.03.2004 29.04.2004 |
| Meenakshi Medical College | 22.12.2004 | 11.03.2005 |
2. It is submitted by the petitioner that in the Chengalpattu Medical College, he was working upto his voluntary retirement was accepted and he worked upto 18.06.2004; he has not joined or appointed by the MES Medical College, Calicut. As far as Dr.Pinnamaneni Institute of Medical Sciences, Chinoutpalli is concerned, there is a clear manipulation of records by forging documents. Further, it is stated that he joined the present college on 22.12.2004 after his retirement and therefore, there is no misconduct or malpractice of any of the violation of the ethics.
st
3. It is submitted by the petitioner that the 1 respondent referring to Section 10(a) of the Indian Medical Council Act generalized the issue and passed orders. But it cannot be a ground to penalize him in the factual circumstances.
4. The petitioner averred in the writ petition that based on the st communication of the 1 respondent dated 25.05.2005, he appeared before st the Ethics Committee on 12.07.2005. However, the 1 respondent by proceedings dated 06.09.2006, temporarily removed his name from the st st Indian Medical Register from 1 September 2006 upto 31 July 2008.
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5. According to the petitioner, the proceedings issued by the 1 st respondent is vitiated one and suo motu proceedings of the 1 respondent is not justified. Challenging the same, the petitioner filed the present writ petition. Learned counsel for the petitioners placed reliance on the decision of the Supreme Court reported in 2015 SCC Online Bom 5060 [Dr.Shalik Bhaurao Ade Vs. Medical Council of India and others] and a decision of this court reported in (2013) 3 Mad LJ 263 [Dr.K.Nedumaran Vs. The Chairman, Ethics Committee, Medical Council of India and others] to contend that prejudice has been caused by the non-grant of opportunity of hearing.
6. As far as petitioner in 38944 of 2006 is concerned, it is also a similar case. It is the submission of the petitioner that he applied for the Lecturer post in PES Institute of Medical Sciences, Kuppam, Andhra Pradesh. But he did not receive any interview or any appointment order, thereafter he was called for interview. He attended the interview on 31.03.2004 and returned on the same, but he did not receive any appointment order from the college.
7. The petitioner joined in the Mahatma Gandhi Medical College, Pondicherry as a Professor on 15.12.2003 and working. At that time, he was called upon by the Ethics committ
