IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2021 CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN W.P.Nos.31901 to 31903 of 2005 ---

Dr.S.Kantha ... Petitioner in W.P.No.31901 of 2005 Dr.M.N.Shahul Hameed ... Petitioner in W.P.No.31902 of 2005 Dr.Usha Kothandavaman ... Petitioner in W.P.No.31903 of 2005 vs

1)The Medical Council of India, rep. By its Secretary, Pocket-14, Aiwan-E-Galib Marg, Kotla Road, Opp.Mata Sundari College (for Women)

New Delhi-110 002.

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.

4)The Dean Meenakshi Medical College & Research Institute Enathur, Kancheepuram-631 552 ...Respondents 1 to 4 in W.P.Nos.31901 to 31903/2005

5)The Dean Narayana Medical College, Nellore, Andhra Pradesh ..Respondent No.5 in W.P.No.31901 & 31903/2005

6)The Dean Katuri, Medical College Guntur, Andhra Pradesh. ..Respondent No.5 in W.P.No.31902/2005

7)Fr.Mullar Medical College Mangalore ... Respondent No.6 in W.P.No.31903/2005 Prayer in W.P.No.31901 of 2005:-

Writ Petition filed praying to issue a Writ of Certiorarified Mandamus calling for the records in No.34(C)/2004-MED/19807, dated 03.11.2004 on the file of the 1^st respondent and quash the same as illegal and direct the 1^st respondent to include the petitioner's name in the Indian Medical Council Register.

Prayer in W.P.No.31902 of 2005:-

Writ Petition filed praying to issue a Writ of Certiorarified Mandamus calling for the records in No.34(C)/2004-MED/19662, dated 01.11.2004 on the file of the 1^st respondent and quash the same as illegal and direct the 1^st respondent to include the petitioner's name in the Indian Medical Council Register.

Prayer in W.P.No.31903 of 2005:-

Writ Petition filed praying to issue a Writ of Certiorarified Mandamus calling for the records in No.34(C)/2004-MED/19373, dated 01.11.2004 on the file of the 1^st respondent and quash the same as illegal and direct the 1^st respondent to include the petitioner's name in the Indian Medical Council Register.

For Petitioners : Mr.R.Sundaram 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.31901 of 2005 has enrolled and registered as a Doctor in the Medical Council in the State of Tamil Nadu as per the provision of the Medical Council of India. The petitioner states that he retired from the Government service and joined in the Narayana Medical College, Nellore on 01.04.2002 and relieved from the Institution on 15.03.2003 and joined in the Meenakshi Medical College and Research Institute, Kancheepuram, on 18.03.2003. Though the petitioner was relieved from the 5^th respondent college and joined in the 4^th respondent College, there was an inspection by Medical Council of India team in the 5^th respondent College on 06.03.2003. The petitioner was asked to attend at Narayana Medical College, Nellore, on 06.03.2003 as the academic year was not completed, the petitioner attended and explained the real position. However, the 1^st respondent issued a letter No.MCI-34(41)2003-MED 36332, dated 22.03.2004 calling upon him to furnish his comments for allegedly misleading the council.

2. On 30.03.2004, the petitioner explained about the clerical error in typing the month. On 01.06.2004, the 1^st respondent issued a communication calling him to appear before the Ethics Committee on 14.06.2004 by 11.30 a.m. The petitioner appeared before the Ethics Committee on 14.06.2004 and submitted that the month has been wrongly shown as February 2003 instead of March. Thereafter, on 03.11.2004, the 1^st respondent in his proceedings 34(c) 2004 MED/2004/19807 passed an order erasing the petitioner's name from the Medical Council Register temporarily from 01.11.2004 to 31.07.2007 and he is not eligible to be considered as a Teacher at any Medical College for the academic year 2005-06 and 2006-07. The petitioner thereafter appeared before the Secretary