Case Note & Summary
These writ petitions under Article 226 of the Constitution of India challenge orders passed by the Medical Council of India (MCI) and the Maharashtra Medical Council (MMC) removing the names of the petitioner-doctors from the State Medical Register for five years on grounds of professional misconduct. The petitioners, who were registered medical practitioners with the MMC, had served at the Melmaruvathur Adiparasakthi Institute of Medical Sciences in Tamil Nadu. The action arose from an inspection by MCI on 29 March 2010, which allegedly revealed that 32 faculty members were shown as full-time faculty despite being practicing doctors. In the case of Dr. Shashikant Patel (WP No.562/2013), appointed as Dean on 1 February 2010 and shown as accused in a CBI complaint, MCI directed MMC to remove his name from the register on 21 January 2013. In WP No.11429/2012, Dr. Shalik Bhaurao Ade, appointed as Assistant Professor in Radiology on 1 October 2009, received a show cause notice alleging false information in a declaration form; after an Ethics Committee meeting, the Board of Governors approved removal of his name from the register on 27 September 2012, though no formal communication was sent. The petitioners contended that under the Indian Medical Council Act, 1956, and the Maharashtra Medical Council Act, 1965, only the State Medical Council has disciplinary jurisdiction, with MCI possessing only a consultative role under Section 24. They further argued that no proper enquiry was held under Section 21 of the Maharashtra Medical Council Act, that natural justice was violated by denying cross-examination and a fair hearing, and that the action infringed their fundamental right under Article 19(1)(g). The petitioners also highlighted that the appointment orders and compliance with legal requirements were regular. The principal arguments were advanced by Mr. Chavan for the petitioners. The excerpt of the judgment provided ends after the outlining of arguments, and does not include the court's analysis, reasoning, or final decision.
Issue of Consideration
Whether the Medical Council of India has the power to order removal of a doctor's name from the State Medical Register, or whether such power lies exclusively with the State Medical Council under the Indian Medical Council Act, 1956 and the Maharashtra Medical Council Act, 1965; and whether the impugned orders were passed in violation of principles of natural justice.
Law Points
- State Medical Council's exclusive disciplinary jurisdiction under Indian Medical Council Act
- 1956
- MCI's supervisory role under Section 24
- natural justice requirement in disciplinary proceedings
- violation of Article 19(1)(g) of the Constitution
- distinction between Indian Medical Council Act
- 1956 and Maharashtra Medical Council Act
- 1965
Case Details
2015 LawText (BOM) (10) 78
Writ Petition Nos.11429, 11431, 11432 of 2012 and 562 of 2013
S.C. Dharmadhikari, B.P. Colabawalla
Mr. Vikram Chavan, Mr. Pavan Patil, Mr. Balaji Barge, Mr. M.M. Vashi, Ms. Aparna Deokar, Mr. Makarand Kale, Mr. P. Desai, Mr. S.M. Sharma, Mr. Ganesh Gole, Mr. Rahul Nerlekar
Dr. Shalik Bhaurao Ade, Dr. Bapat Vishnuprasad Madhusudhan, Dr. Asmita Deshmukh, Dr. Shashikant C. Patel
Medical Council of India, Maharashtra Medical Council, The Dean/Principal, Melmaruvathur Adiparasakthi Institute of Medical Sciences and Research
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Nature of Litigation
Challenge to orders of Medical Council of India and Maharashtra Medical Council removing doctors from medical register for breach of professional code of ethics
Remedy Sought
Petitioners seek quashing of the orders and restoration of their names on the medical register
Filing Reason
The petitioners allege that the MCI lacked jurisdiction to take disciplinary action, and that the proceedings violated principles of natural justice
Previous Decisions
MCI's Ethics Committee recommended removal of names; Board of Governors approved; MCI directed MMC to remove names from State Medical Register
Issues
Whether the Medical Council of India has disciplinary jurisdiction over doctors registered with the State Medical Council under the Indian Medical Council Act, 1956 and the Maharashtra Medical Council Act, 1965
Whether the principles of natural justice were violated in the disciplinary proceedings
Submissions/Arguments
State Medical Council alone has disciplinary jurisdiction under the Indian Medical Council Act, 1956; MCI has only a consultative role under Section 24
No enquiry was held under Section 21 of the Maharashtra Medical Council Act, 1965
Principles of natural justice were violated – no opportunity to cross-examine witnesses, no fair chance to defend
Impugned action violates fundamental right to practice profession under Article 19(1)(g) of the Constitution
Judgment Excerpts
the order removing the name of the Petitioner... was neither communicated to him nor was he informed through any source
there is a fundamental and basic difference in the scheme of Indian Medical Council Act, 1956 and Maharashtra Medical Council Act, 1965
no enquiry was held under Section 21 of the Maharashtra Medical Council Act, 1965
Procedural History
MCI inspection of Melmaruvathur Adiparasakthi Institute of Medical Sciences on 29 March 2010; CBI complaint filed; show cause notices issued to petitioner-doctors; Ethics Committee of MCI held meetings and recommended removal of names; Board of Governors approved removal on 27 September 2012; MCI directed MMC to remove names from State Medical Register for five years; writ petitions filed before Bombay High Court under Article 226 of the Constitution challenging the orders.
Acts & Sections
- Indian Medical Council Act, 1956: 20A, 21, 24
- Maharashtra Medical Council Act, 1965: 21
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002: Clauses 1.1.1, 1.1.1.1.2, 8.1
- Maharashtra Medical Council Rules, 1967:
