YASH NIGAM Vs. DELHI MEDICAL COUNCIL

JUDGEMENT

(1.) The petitioner is an Orthopaedics Doctor and is aggrieved by the order dated 23.06.2003 passed by the Delhi Medical Council (for short, `DMC'), the respondent herein whereby the petitioner has been debarred from medical practice for a period of six weeks from the date of the said order.

(2.) The matter raised in issue is the jurisdiction of the respondent to proceed against the petitioner since it is the contention of the petitioner that he not being registered with DMC, the respondent Council has no jurisdiction to proceed on disciplinary issue against the petitioner. Medical Council of India (for short, `MCI') was not made a party to the present petition, but this petition was heard along with WP (C) No. 5089/2003, which has also been filed by the petitioner herein in which MCI is impleaded as respondent No. 2. Thus, submissions were heard on behalf of MCI by Mr. Maninder Singh even in the present matter.

(3.) .The undisputed facts are that the petitioner herein passed as M.S. Orthopaedics from S.N. Medical College, Agra, Uttar Pradesh and completed his Ph.D. from Central Research Institute of Traumatology and Orthopaedics Moscow (Russia). The petitioner is registered with MCI as registered practitioner.