Dr. Shrihari Abaji Dhore (Patil) v. Medical Council Of India And ANR.

907-wp11420-14.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11420 OF 2014 Dr.Shrihari A. Dhore (Patil)

...Petitioner

V/s.

Medical Council of India & Anr.

...Respondents

Mr.Sugandh B. Deshmukh for the Petitioner.

Mr.Ganesh K. Gole for the Respondent No.1.

Mr.Rahul Nerlekar for the Respondent No.1-A.

CORAM : R.D. DHANUKA, J.

DATE : 1ST AUGUST, 2018.

P.C. :- 1.

The petitioner has impugned the order dated 11th November, 2014 passed by the Medical Council of India rejecting the appeal preferred by the petitioner inter-alia praying for setting aside the order dated 31st July, 2013 passed by the Maharashtra Medical College. A perusal of the order dated 11th November, 2014 clearly indicates that no reasons are rendered by the Appellate Authority while rejecting the appeal preferred by the petitioner. The impugned order is in violation of the principles of natural justice and is therefore, set aside.

2.

The appeal dated 14th February, 2014 filed by the petitioner is restored to file before the Medical Council of India for hearing the 1/2

907-wp11420-14.doc said appeal denovo and for passing a fresh order in accordance with law after complying with the principles of natural justice. 3.

The petitioner shall appear before the Medical Council of India on the date as may be fixed by the Medical Council of India, without fail. The Medical Council of India shall issue atleast seven working days notice to the petitioner to remain present. 4.

The writ petition is allowed in aforesaid terms. It is made clear that this Court has not expressed any views on the merit of the matter. All the contentions of both the parties are kept open. 5.

All parties to act on the authenticated copy of this order. (R.D. DHANUKA, J.) 2/2