Madras High CourtWP/5742/2026disposed of with direction

Dr.Selvamba v. National Medical Commission

2026-02-19Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.6250 and 6251 of 2026 Dr.Selvamba ... Petitioner Vs.

1.National Medical Commission, Policy and Co-ordination Division, Government of India, Pocket-14, Sector 8, Dwaraka Phase-I, New Delhi-110 077.

2.The Ethical and Medical Registration Board, National Medical Commission, H3GG+9PC, Dada Dev Mandir RD, Block P, Sector-8, Dwarka, New Delhi-110 077.

3.Tamil Nadu Medical Council, Through its Registrar, New No.914, Old No.569, Poonamallee, High Road, Arumbakkam, Chennai-600 106. ....Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the first respondent in order passed in second appeal bearing No.CDN-16014/6/2025-COORD NMC dated 15.06.2025, quash the same as illegal.

For Petitioner :

Mr.Sharath Chandran For Respondents : Mr.B.Rabu Manohar Senior Central Government Standing Counsel for R1 and R2 Mr.U.Baranidharan for R3

O R D E R

The petitioner challenges the impugned order dated 15.06.2025 passed by the first respondent canceling the license issued to the Scan Centre run by the petitioner based on the allegation that the petitioner has been running the Centre without maintaining the statutory forms, deletion of scan records and unauthorized medical practices being carried out. Pursuant to the complaint lodged by the Authority under PCPNDT Act, the jurisdictional Police has registered a case in Crime No.130 of 2018 against the petitioner and her Hospital. The petitioner also filed a case in Crl.O.P.No.1870 of 2019 seeking

to quash the said F.I.R which was closed vide order dated 25.10.2021 recording initiation of the private complaint. Pursuant to initiation of the criminal complaint, the third respondent acting upon the recommendations of the Disciplinary Committee suspended the license of the petitioner practicing as Medical Practitioner as per Section 23(2) of PCPNDT Act and disciplinary proceedings in Cases No.102 of 2020 was initiated and vide order dated 20.02.2024, the third respondent suspended the license of the petitioner until the pendency of the criminal complaint in C.C.No.88 of 2020. Challenging the same, the petitioner preferred a first appeal under Section 30(3) of the National Medical Council Act, 2019 before the second respondent and the said appeal was dismissed by the second respondent and thereafter, on 28.10.

2024, the Judicial Magistrate passed judgment in C.C.No.88 of 2020 convicting the petitioner for the offence under Sections 23(1) and 23(2) of PCPNDT Act, 1994 while acquitting her from the charge under Section 23(3) of the Act. The said order was challenged in Crl.A.No.263 of 2024 before the III Additional District and Sessions Court, Salem. The said Court suspended the sentence imposed by the Magistrate Court, vide order dated 11.11.2024.

2. Based on the aforesaid order of suspension, the petitioner preferred a second appeal before the first respondent on 25.11.2024 under Section 30(4) of the National Medical Council Act, 2019, challenging the order passed by the second respondent dated 18.10.2024. The first respondent dismissed the second appeal on 15.06.2025 citing that the criminal appeal is pending. Challenging the same, the present writ petition is filed.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that in the event of the petitioner being acquitted in the pending criminal appeal, she may be granted liberty to make a fresh application for revocation of suspension order of the petitioner's medical practice.

4. Heard the learned counsel appearing for the petitioner, learned Senior Central Government Standing Counsel appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the impugned order passed by the first respondent, grants liberty to the petitioner to submit a fresh application for revocation of suspension order of the petitioner's medical practice in the event of the petitioner being acquitted by the Appellate Court in the pending criminal appeal.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 19.02.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.National Medical Commission, Policy and Co-ordination Division, Government of India, Pocket-14, Sector 8, Dwaraka Phase-I, New Delhi-110 077.

2.The Ethical and Medical Registration Board, National Medical Commission, H3GG+9PC, Dada Dev Mandir RD, Block P, Sector-8, Dwarka, New Delhi-110 077.

3.Tamil Nadu Medical Council, Through its Registrar, New No.914, Old No.569, Poonamallee, High Road, Arumbakkam, Chennai-600 106.

M.DHANDAPANI, J.

ssb 19.02.2026