M VENAHANARASIMHAM Vs. STATE OF MADRAS

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the order of the Government of Madras in G.O.Ms. No. 3729 (Health Department) dated 20-10-1953.

(2.) The petitioner is a registered medical practitioner of more than 20 years standing. On 11-2-1953, the Registrar of the Madras Medical Council, constituted under the Madras Medical Registration Act, (Act IV of 1914) communicated to the petitioner, the charge framed by the Madras Medical Council, that on 5-8-1932 the petitioner had granted an antedated vaccination and Cholera inoculation certificate and he was therefore guilty of infamous conduct in a professional respect. The Medical Council held an enquiry in accordance with the provisions of Act IV of 1914, held that the charge had been proved and directed that the petitioner be suspended for a period of one year. The petitioner appealed against that decision and punishment to the State Government under Section 18 of the Act. On 20-101953 the Government dismissed the appeal.

(3.) The jurisdiction of neither the Medical Council nor the Government has been questioned. Learned counsel for the petitioner attacked the validity of the order of the Government, rejecting the petitioner's appeal, on the following, grounds: (1) that no opportunity had been given to the petitioner to be heard in support of his appeal; (2) there had been discrimination in that another medical practitioner punished at the same time had been let off with a warning and (3) no reasons were given in the order passed by the Government on 20-10-1953, rejecting' the petitioner's appeal.