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2022 Supreme(Online)(MAD) 28981
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 14.10.2022 DELIVERED ON : 18.10.2022 CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W .P.No. 2 8775 o f 2 016 a nd W.M.P.Nos.2 4817 & 24818 o f 2016 Dr.Rama Rao Mannam .. Petitioner Vs.
1. The Medical Council of India, rep. by its Secretary, having his office at Pocket-14, Sector-8, Dwarka Phase-I, New Delhi - 110077.
2. Tamil Nadu Medical Council, represented by its Secretary, having his office at No.914, Poonamallee High Road, Arumbakkam, Chennai - 600106.
3. MNR Educational Trust, rep. by its Director, 2-23B/350, Bhagyanagar, Phase-III, near HMT Hills Colony, Kukatpally, Hyderabad - 500072, Andhra Pradesh. 4. M/s.Shri Sathya Sai Medical College and Research Institute, rep. by its Dean/Principal, Ammapettai, Nellikuppam - 603108.
Kancheepuram District. .. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the first respondent in his proceedings No.MCI-211(2)(218)/2014-Ethics/121792, dated 25.07.2016, in so far as it relates to the petitioner and quash the same as being illegal, arbitrary, without jurisdiction and violative of the fundamental rights of the petitioner and to consequently forbear the 1st and 2nd respondents, their officers, employees, subordinates or any other persons claiming or acting under them in any manner interfering with the right of the petitioner to practice his profession, including any post of a similar nature in any university or medical college.
For Petitioner : Mr.J.Raja Kalifulla SC for Mr.J.Jayendrakrishnan For Respondent 1 : Mrs.Subharanjani Ananth For Respondent 2 : Mr.G.Sankaran For Respondents 3 & 4 : No appearance - - - - -
O R D E R
This writ petition has been filed challenging the proceedings of the first respondent dated 25.07.2016, whereby, it is stated that the Ethics Committee decided to remove the name of the petitioner from the Indian Medical Register for the period of 1 year from the date of Notification alleging that the petitioner made a false declaration that he has not presented himself for inspection at any other institution as a Faculty in the current academic year for the purpose of Medical Council of India (MCI) inspection.
2. The brief facts leading to the filing of this writ petition is as follows:
(i) The writ petitioner is a registered medical practitioner and now running a hospital in the name of ‘A.K.Hospital” at Chennai. He has registered himself with the Tamil Nadu Medical Council and holding Medical Registration No.80714.
(ii) After completing M.B.B.S. course in the year 1978, he was practicing privately for a few years and thereafter joined as a Tutor in the Department of Psychiatry at Kasturiba Medical College, Manipal in 1988 and served there for three years till 1991. Thereafter, the petitioner joined P.E.S. Institute of Medical Science, A.P. as Assistant Professor on 01.06.2003 and he was promoted as Associate Professor on 01.11.2008. After serving for three years and seven months at the P.E.S. Institute of Medical Science, A.P., the petitioner resigned and joined as Associate Professor in the Department of Psychiatry at M.N.R. Medical College and Hospital, A.P., the third respondent herein, on 02.07.2012 and he was promoted as Professor on 01.11.2012. He resigned from the post of Professor on 30.11.2013 and thereafter, he joined Shri Sathya Sai Medical College and Research Institute at Kancheepuram, the fourth respondent herein, as Professor in the Department of Psychiatry on 01.12.2013.
(iii) Thereafter, the petitioner was served with a Notice dated
16.04.2015, by the Medical Council of India, the first respondent herein, asking him to appear before the Ethics Committee at New Delhi on 29.04.2015. As the petitioner failed to appear before the Ethics Committee on 29.04.2015, the Ethics Committee sent another notice on 08.07.2015 asking the petitioner to appear on 20.07.2015. In the said letter, it is stated that the Sub-Committee constituted by the Medical Council of India regarding Fake Faculty Declaration Forms for the academic year 2014-15, where the name of doctors appeared in more than one Medical College. The Sub-Committee has observed that the Declaration Form of M.N.R Medical College was signed by the Faculty on 02.07.2012 and the Date of Assessment on the form is stated to be 07.10.2013. The Faculty has not disclosed the fact that he was assessed in the earlier assessment in the same academic year in the Declaration Form of Shri Sathya Sai Medical Institute.
(iv) It is the contention of the petitioner that he was working as faculty member in M.N.R. Medical College, Sangareddy Medak District, Andhra Pradesh and during the period of his service from 02.07.2012 to 30.11.2013, he attended inspection as a Faculty member of the said institution. Thereafter, he resigned from M.N.R. Medical College on 30.11.2013 and subsequently joined as Professor in the Department of Psychiatry at Shri Sathya Sai Medical College and Research Institute, Chennai on 01.12.2013 and there also he attended M.C.I. inspection as faculty member of the Shri Sathya Sai Medical College and Research Institute, Chennai during the academic year only after being relieved from the service of the M.N.R. Medical College and he ceased to be a faculty member on and after
30.11.2013.
(v) During the petitioner’s tenure as Professor at M.N.R. Medical College, he signed the declaration for inspection as faculty member on 02.07.2012 as Associate Professor. He was promoted as Professor on 01.11.2012 and resigned from the said post on 30.11.2013 and he was relieved on the same day. After joining Shri Sathya Sai Medical College and Research Institute, Chennai on 0
