Dr.R.Brapavathi v. The National Medical Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.14611 of 2025 Dr.R.Brapavathi, W/o. L.Ajay Sudharsan, No.7/3, SLAM Arcadia, Min Avenue Nagar, K.N.Paiayam, Coimbatore - 641 007.

... Petitioner /versus/

1. The National Medical Commission, Rep. by its President, Pocket 14, Sector 8, Dwarka, Phase I, New Delhi.

2. The Tamilnadu Medical Council, Rep. by its President, Nos.959 & 960, Poonamallee High Road, Purasaiwakkam, Chennai - 600 084.

3. The Chief Commissioner of Tax, 63, Race Course Road, Coimbatore - 600 078.

4. The Director, Medical and Rural Health Services, DMS Complex 361, Anna Salai, Chennai - 600 002.

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5. Dr. Aravind's IVF Private Limited, Fertility & Pregnancy Centre, Nos.189/2, 189/5, Sathy Road, Ganapathy, Coimbatore - 641 006.

... Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 and 4 to conduct enquiry and take action against the 5th respondent based on the communication dated 02.04.2025 made in F.No./R-16018/12/2025/Ethics/ 008994 issued by the 1st respondent by considering petitioner's representation dated 07.03.2025.

For Petitioner : Mr.N.Manokaran.

For Respondents : Ms.Shubharanjani Ananth, for R1 : Mr.U.Bharanidharan, for R2 : Mr.Hasan Raja, Additional Government Pleader, for R3 : Mr.E.Sundaram, Government Advocate, for R4

O R D E R

The writ petition is filed in the nature of a mandamus directing the respondents 3 and 4 to conduct an enquiry and take action against the 5th respondent based on the communication made in F.No./R2/6

16018/12/2025/Ethics/ 008994, dated 02.04.2024 issued by the 1st respondent by considering the petitioner's representation dated 07.03.2025.

2. Upon hearing the Learned Counsel for the petitioner and perusing the affidavit filed in support of the writ petition, it is seen that the petitioner is a Doctor who was employed for a particular period with the fifth respondent. Relating to her employment, the petitioner has got several grievances. The Tamil Nadu Medical Council or the National Medical Commission have the jurisdiction only to enquire with reference to any Professional misconduct and not with relates to the employment disputes. Similarly, the 4th respondent does not have any jurisdiction with reference to the grievances that are expressed by the petitioner. If the petitioner case is that she is wrongfully terminated from service, she has to approach the appropriate forum.

If the petitioner's grievance is that the TDS was not deducted, though the 3rd respondent is arrayed as a party, it would be open for the petitioner to make a specific representation to the 3rd respondent by enclosing her salary slip and by making a complaint that the TDS is not made and such representation will be dealt with by the jurisdictional Tax Authorities in the manner known to law.

appropriate Provident Fund Authority. The petitioner cannot make an omnibus complaint to the first or the second respondents and can insist all the authorities to conduct a rowing enquiry with reference to the 5th respondent- a Private entity, including conduct of Forensic Audit etc.

3. Therefore, keeping open the liberty of the petitioner to make specific representation to the concerned authority if there is any grievance with reference to that particular authority, this writ petition with an omnibus prayer cannot be entertained and stands disposed of. There shall be no order as to costs.

24.04.2025 :No.

bsm To,

1. The President, The National Medical Commission, Pocket 14, Sector 8, Dwarka, Phase I, New Delhi.

2. The President, The Tamilnadu Medical Council, Nos.959 & 960, Poonamallee High Road, Purasaiwakkam, Chennai - 600 084.

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3. The Chief Commissioner of Tax, 63, Race Course Road, Coimbatore - 600 078.

4. The Director, Medical and Rural Health Services, DMS Complex 361, Anna Salai, Chennai - 600 002.

5. The Government Pleader, High Court, Madras. 5/6

D.BHARATHA CHAKRAVARTHY, J.

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