PRABHAT KUMAR MATHUR Vs. UTTARAKHAND MEDICAL COUNSEL

JUDGEMENT

(1.) The petitioner in this writ petition seeks the following reliefs:

(2.) The respondent No. 4 Dr. Tejasvi Kamra, is practicing as Urologist at Dehradun since 1990. Before that, he was practicing in Delhi since 1982. The petitioner filed a complaint against him in the Uttarakhand Medical Council with a prayer to restrain him to practice as an Urologist in Dehradun. It is also apparent from the submissions made by the learned counsel for the petitioner that the respondent No. 4 treated petitioner's wife and according to the petitioner's counsel, there are some complaint regarding the quality of treatment given to her. Therefore, his wife has already filed an application/complaint before the Uttarakhand Medical Council, which has already been dismissed. Thereafter, the petitioner has initiated these proceedings. The final order was passed by the Uttarakhand Medical Council on 19/2/2021 by rejecting the Appeal. The respondent No. 1 by virtue of an order in the Appeal restrained the respondent No. 4 from practicing as an Urologist. Such order was challenged before the National Medical Commission in Appeal No. 15 of 2021. State had also filed an Appeal being Appeal No. 25 of 2021, before The Ethics and Committee, Medical Registration Board. On 31/5/2022, the Second Appellate Authority while disposing the Appeals and setting aside the order of the Uttarakhand Medical Council has held as follows;

(3.) Thus, it is apparent from the record that the Medical Council of India recognized that the petitioner is practicing since 1982 as an Urologist, first in Delhi and then at Dehradun. Secondly, he has received F.R.S.C. as Degree and Diploma in Urology. Therefore, the prayer of the petitioner was rejected for enhancing the punishment and the order passed by the respondent No. 1 restraining the respondent No. 4 from practicing as an Urologist was also set side.