MALAY GANGULY Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) Mr Maninder Singh, counsel for Respondent 1 has drawn our attention to some of the salient provisions of the Indian Medical Council Act, 1956 and contended that this is not in pad materia with the Advocates Act, 1961. The indian Medical Council Act, 1956 does not contain any provision regarding the constitution of the State Medical Councils uinder this Act and the State medical Councils are required to be constituted under the State Acts. He further submits that some of the States have not enacted any provisions with regard to the constitution of the State Medical Council and the maintenance of State Medical Registers.

(2.) It may be desirable that there should be, like the Advocates Act, a comprehensive provision made in the Medical Council Act relating not only to the Medical Council of India but also to the State Medical Councils. As this would involve Central legislation, we think it appropriate to implead the union of India as one of the respondents in this case and we direct notice to be issued to the Union of India returnable after four weeks. Dasti service in addition is permitted. On the next date of hearing, counsel representing the different Medical Councils should place on record the respective State Acts. List after four weeks.