REGISTRAR, TAMIL NADU MEDICAL COUNCIL Vs. K SENTHIL

JUDGEMENT

(1.) The third respondent in the writ petition viz., the Registrar, Tamil Nadu Medical Council, Chennai, is the appellant herein. He has filed the present appeal as against the order, dated 11.01.2017, passed by a learned Single Judge of this Court in the writ petition, whereby and whereunder the learned Single Judge quashed the resolution passed by the second respondent Council, dated 17.08.2016, accepting the alleged resignation of the first respondent/writ petitioner and the consequential proceedings issued by the appellant/third respondent dated 17.08.2016.

(2.) The case of the first respondent writ petitioner before the learned Single Judge is that he was appointed as Assistant Surgeon in the Tamil Nadu Medical Services on 21.11.1993. After serving various places under various capacities, he is now working as Professor in the Department of Dialectology at Madurai Medical College, Madurai. He is also associated with several welfare activities concerning the patients, doctors and the public. He was holding several offices in the organisations. At present, he hold the Office as the State President of the Tamil Nadu Government Doctors Association, which is a registered society and on 15.02016 he was also elected as the President of the Tamil Nadu Medical Council for a period of two years. The Tamil Nadu Medical Council is a statutory body established under the provisions of the Tamil Nadu Medical Registration Act, 1914 and it is the State Body of the Medical Council of India. It maintains the Registry of the Doctors practising in the State and also acts as the Disciplinary authority for all the Doctors in the State and monitors them for their complete adherence to medical ethics. The said council is running by the President, assisted by the Vice President, the Registrar and the Executive Committee members. The Council has seven elected members from its registered medical practitioners and three other members nominated by the State Government. The President, Vice President and Executive Committee members are elected amongst these ten members as per the Act. The Registrar acts as the Secretary of the Council.

(3.) When the matter came up before the learned Single Judge of this Court on 29.08.2016, the learned Single Judge directed the Council to defer the meeting scheduled to be held on 06.09.2016 and thereafter, issued notice to the respondents 1 to 5. After receipt of notice, the third respondent herein and the appellant had filed counter affidavit opposing the prayer of the first respondent. The learned Single Judge, after hearing both sides, allowed the writ petition by quashing the resolution passed by the Council. Aggrieved over the same, the appellant herein has filed the present writ appeal.