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High Court of DelhiW.P.(C)/10449/2018

Harikesh Bahadur Singh v. Medical Council Of India And ORS.

2018-10-01Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10449/2018 & C.M. Nos. 40776-40778/2018 HARIKESH BAHADUR SINGH ..... Petitioner Through:

Mr. Saransh Kumar, Advocate along with Mr. Tribikram Meelee,Advocate.

versus MEDICAL COUNCIL OF INDIA AND ORS.

..... Respondents Through:

Ms. Amandeep Kaur, Advocate along with Mr. Tarun Verma, Mr. Abhijit Chakravarty and Ms. Biakthansangi, Advocates for respondent No. 1.

Mr. Bhagvan Saroop Shukla, CGSC along with Mr. Kamaldeep and Mr.

Sharvan Kr, Advocates for respondent No. 3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.10.2018 1.

The petitioner has filed the present petition, inter alia, praying that respondent no. 1 (MCI) be directed to exercise its powers under Regulation 8.7(ii) of the Indian Medical Council (Professional Conduct/Etiquette/ethics) Regulations, 2002 and withdraw the complaint from respondent no.2 (Uttar Pradesh Medical Council), to itself.

2.

The petitioner had made a complaint against the respondent no. 5 alleging that respondent no. 5 was convicted for an offence by courts in Fiji

and therefore disciplinary action must be taken against respondent no. 5. 3.

This complaint was referred to the Uttar Pradesh Medical Council and is currently pending before the said Council. 4.

The petitioner has filed the present petition as his request to the MCI for withdrawing the said complaint to itself, has not been acceded to. 5.

It is seen that the petitioner is not personally interested in the said complaint in any manner. He is pursuing action against respondent no. 5, apparently, in public interest.

6. The decision whether the complaint is to be withdrawn by the MCI rests with MCI. The question as to which complaint requires precedence and ought to be withdrawn is not an issue that warrants any interference by this Court.

8.

This Court does not consider it apposite to issue any directions to MCI in this regard.

9.

The petition is, accordingly, dismissed. All pending applications stand disposed of.

VIBHU BAKHRU, J OCTOBER 01, 2018 ss