Dr.P.Revathy, v. The Tamil Nadu Medical Council
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.13204 of 2021 and WMP.No.14009 of 2021
1. Dr.P.Revathy, M.D.,
2. Dr.T.Jayaseelan, M.D., ...
Petitioners Vs
1. The Tamil Nadu Medical Council, Represented by its Registrar, New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai - 600 106.
2. The National Medical Commission, Pocket-14, Sector - 8, Dwarka Phase -1, New Delhi - 110 077.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to hear and dispose off the appeal vide Application ID:(NMC)/EMRB/A-11011/(000026/2021)/Ethics) pending before the second respondent within the time frame fixed by this Hon'ble Court.
For Petitioners : Mr.Abdul Saleem for AAV Partners For R1 : Mr.G.Sankaran For R2 : M/s. Shubaranjani Ananth, Standing Counsel
O R D E R
Seeking a direction to the second respondent to dispose of their Application bearing ID No.(NMC)/EMRB/A-11011/ (000026/2021)/Ethics) dated 26.05.2021, the petitioners have preferred this writ petition before this Court. 2.According to the petitioners, they were working as professors in Ponnaiyah Ramajayam Institute of Medical Sciences (PRIMS) and on 05.10.2020, they tendered their resignation letters to the Chairman of PRIMS, however, they were not immediately relieved from the institution for want of completion of notice period. At that time, the WIDAD - PRIMS institution issued an advertisement about offshore medical college, displaying the names of the petitioners as contact persons, without their consent and knowledge.
Since the MCI has not permitted any foreign university to establish a campus in India for imparting medical institution, the petitioners were issued with show cause notice, to which, they submitted their explanation. Being dissatisfied with the same, by order dated 27.04.2021, the first respondent concluded that the petitioners were found guilty of professional misconduct and accordingly, decided that their names be deleted from the Medical Register of Tamil Nadu Medical Council for a period of one year. Feeling aggrieved over the same, the petitioners filed an appeal before the second respondent on 26.05.2021 under section 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and the said appeal is pending without any consideration. Hence, this writ petition. 3.
Heard both sides and perused the materials placed before this Court.
4.Considering the limited prayer made in this writ petition, this Court without going into the merits of the case, directs the second respondent to consider the petitioners' appeal dated 26.05.2021 in the light of the documentary evidence filed by them and pass appropriate orders, on merits and in accordance with law, after providing sufficient opportunity to the petitioners, within a period of six weeks from the date of receipt of a copy of this order.
5.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar av To
1. The Registrar, Tamil Nadu Medical Council, New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai - 600 106.
2. The National Medical Commission, Pocket-14, Sector - 8, Dwarka Phase -1, New Delhi - 110 077.
+2cc to Mr.AAV Partners, Advocate Sr.32543 and 33149 +1cc to Mr.G.Sankaran, Advocate Sr.33064 W.P.No.13204 of 2021 and WMP.No.14009 of 2021 ln[co] srg 15/07/2021