MANJUNATH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioners in W.P.Nos.36079-80/2013 are working as Assistant Professor in Bangalore Medical College and Research Institute and Assistant Professor of Orthopaedics in Kempegowda Institute of Medical Sciences respectively, while the petitioner in W.P.No.36204/2013 is working as Assistant Professor in Sanjay Gandhi Institute of Trauma and Orthopaedics. They are therefore on the Medical Faculty of the said Institutes and are desirous of contesting the elections to the Council to be constituted in terms of Section 3 of the Indian Medical Council Act, 1956 ('IMC Act' for short).

(2.) The member to represent the University is to be elected as indicated in Clause (b) to sub-section (1) of Section 3 of IMC Act. The Indian Medical Council (Amendment) Bill, 2013 bringing several amendments has been moved in the Parliament. Pending the same, His Excellency the President of India in exercise of the powers conferred under Clause (1) of Article 123 of the Constitution of India has promulgated the Indian Medical Council (Amendment) Ordinance 2013 ('IMC' Ordinance for short) on 21.05.2013, By the said Ordinance, among others, three provisos have been incorporated to Clause (b) of Sub-section (1) of Section 3 of the IMC Act. In that view, the petitioners in these petitions being the Faculty members of their respective institutions claim that they are also entitled to contest the elections to represent the Medical Colleges which are affiliated to the third respondent-Rajiv Gandhi University of Health Sciences ('RG Health University' for short). The petitioners are therefore aggrieved by the Notice of Election dated 30.07.2013 issued by the RG Health University whereunder the election has been notified to elect four members from amongst the Faculty of Medicine of RG Health University. The petitioners contend that the petitioners being the members of Faculty of the Medical colleges affiliated to RG Health University are also entitled to file their nomination, but they have been excluded by the impugned notice of election dated 30.07.2013.

(3.) This Court while issuing notice to the respondents on 12.08.2013, by the ad-interim order had permitted the petitioners to file their nomination and the further process of the election was made subject to result of the petition or further orders from this Court. The third respondent-RG Health University has filed an application for vacating stay, to which objections are filed. Though statement of objections has not been filed to the writ petition by any of the respondents, considering the fact that only the interpretation of the provisions of law would arise for consideration, all these petitions have been taken up together for consideration on merits with the consent of the learned senior counsel representing the parties.