Case Note & Summary
The petitioners, including the Medical Superintendent of Kasturba Hospital and two nurses, filed a writ petition under Article 226 of the Constitution of India seeking to quash an order dated 2.8.2012 passed by the Karnataka Medical Council (second respondent) in Enquiry No.31/2011. The first respondent, Smt. Fathima Bi, had lodged a complaint alleging that the death of her child Mohammed Rafi on 9.10.2010 in Kasturba Hospital was due to negligence on the part of the petitioners. The Medical Council issued notice to the petitioners and conducted an enquiry, but passed the impugned order without affording them an opportunity of hearing. The petitioners contended that the order was passed in violation of principles of natural justice. The court, after hearing the parties, found that the order was indeed passed without giving the petitioners a chance to be heard. Consequently, the court quashed the order and remanded the matter to the Karnataka Medical Council for fresh consideration, directing the Council to provide an opportunity of hearing to the petitioners before passing any order. The writ petition was allowed.
Headnote
A) Principles of Natural Justice - Right to be Heard - Medical Negligence Complaint - Karnataka Medical Council Act, 1961, Section 17 - The Karnataka Medical Council passed an order against the petitioners without giving them an opportunity of hearing, which is violative of principles of natural justice. The court held that the order is liable to be quashed and the matter remanded for fresh consideration after hearing the petitioners (Paras 1-4).
Issue of Consideration
Whether the order passed by the Karnataka Medical Council without affording an opportunity of hearing to the petitioners is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 2.8.2012 passed by the second respondent Karnataka Medical Council in Enquiry No.31/2011 is quashed. The matter is remanded to the Karnataka Medical Council for fresh consideration after affording an opportunity of hearing to the petitioners. The Medical Council is directed to pass appropriate orders in accordance with law within three months from the date of receipt of a copy of this order.
Law Points
- Principles of natural justice
- Right to be heard
- Medical negligence
- Karnataka Medical Council Act
- 1961
- Section 17
Case Details
2019 LawText (KAR) (06) 52
Writ Petition No.35640/2012 (GM-RES)
Sri N. Ravindranath Kamath for Petitioners; Sri R.Nagendra Naik for R1; Sri Vinay D. Hosmath for R2; Sri Y.D.Harsha, AGA for R3
The Medical Superintendent, Kasturba Hospital, Manipal; Ms. Sangeetha Shetty; Mrs. Sumalatha
Smt. Fathima Bi; The Karnataka Medical Council; State of Karnataka
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking quashing of order passed by Karnataka Medical Council in a medical negligence complaint.
Remedy Sought
Petitioners sought issuance of writ of certiorari to quash the order dated 2.8.2012 passed by the Karnataka Medical Council and to dismiss the complaint of the first respondent.
Filing Reason
The order was passed without affording an opportunity of hearing to the petitioners, violating principles of natural justice.
Previous Decisions
The Karnataka Medical Council passed the impugned order in Enquiry No.31/2011 on 2.8.2012.
Issues
Whether the order passed by the Karnataka Medical Council without affording an opportunity of hearing to the petitioners is sustainable in law.
Submissions/Arguments
Petitioners argued that the order was passed in violation of principles of natural justice as they were not given an opportunity of hearing.
Respondents argued in support of the order.
Ratio Decidendi
An order passed without affording an opportunity of hearing is violative of principles of natural justice and is liable to be quashed. The matter must be remanded for fresh consideration after hearing the affected parties.
Judgment Excerpts
It is the case of the petitioners that 1st respondent’s child Mohammed Rafi died in the said hospital on 9.10.2010.
The 2nd respondent issued notice to the present petitioners and conducted enquiry and passed the impugned order without giving opportunity of hearing to the petitioners.
Procedural History
The first respondent filed a complaint before the Karnataka Medical Council alleging medical negligence. The Council issued notice, conducted an enquiry, and passed an order on 2.8.2012. The petitioners then filed the present writ petition under Article 226 of the Constitution of India challenging the order.
Acts & Sections
- Karnataka Medical Council Act, 1961: Section 17
- Constitution of India: Article 226
