RAMINENI VENUGOPAL SOMAIAH Vs. MAHARASHTRA MEDICAL COUNCIL

JUDGEMENT

(1.) The petitioners are orthopedic surgeons. Respondent No.1 is the Maharashtra Medical Council. Respondent No.2 one Sanjaykumar Dattatraya Funde is the Medical Health Officer of the Mumbai Municipal Corporation, who had filed a complaint against the petitioners, which we will refer to shortly. Respondent No.3 is the Appropriate Authority under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, (hereinafter referred to as the "said Act").

(2.) The petitioners seek a writ setting aside an order passed by respondent No.1 suspending their registrations with the Maharashtra Medical Council for a period of five years from 20th April, 2013, and/or till the final decision of a criminal case on charges framed against them for contravening the provisions of the said Act and the Rules framed thereunder, whichever is earlier. The impugned action is taken under Section 23 (2) of the said Act. They further seek an order staying the impugned order till the decision in the criminal case pending before the Metropolitan Magistrate and in any event till the Review Application filed by them before respondent No.1.

(3.) The question that falls for consideration is whether section 23(2) of the said Act makes it mandatory for respondent No.1 to suspend the registration of a registered medical practitioner, if charges are framed against him by the Court under the said Act.