VED PRAKASH MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of Shri. Maninder singh, learned Counsel for the petitioner, assisted by Shri. Jaiswal, learned Counsel, Shri. Chaudhari, learned Assistant Solicitor General for the respondent no. 1, Shri. Bhangde, learned senior Counsel for the respondent no. 2, Shri. Haq, learned Counsel for the respondent no. 3, and Shri. Kulkarni, learned Counsel for the respondent no. 4.

(2.) The petition is directed against the notifications dated 18-1-2006 issued by the respondent no. 1 in exercise of power under sub-section (3) of Section 7 of the Indian medical Council Act, 1956 (hereinafter referred to as "imc Act") whereby it is declared that petitioner Dr. Ved Prakash Mishra shall be deemed to have vacated his seat in the Medical council of India with effect from 7-1-2006. On the same day, the respondent no. l issued another notification in exercise of power under sub-section (1) of Section 20 of the IMC Act whereby respondent no. 3 Dr. Ravi Kant is appointed as a member of Post-Graduate medical Education Committee in place of the petitioner till 21-11-2006.

(3.) It was contended by the learned counsel for the petitioner that Section 20 of che IMC Act provides for constitution of Post-Graduate Medical Education Committee for assisting Medical Council of India in matters relating to post- graduate medical education. It was pointed out that the Central Government notified the names of three persons, who were elected on the Committee vide notification dated 9-9-2002. It was submitted that composition of Post-Graduate Medical Education Committee was complete on 9-9-2002 as required by section 20 of the IMC Act. It was contended that as per provisions of Indian Medical Council (Post-Graduate Medical Education Committee)Rules, 1951 (framed by the Government of india) under Section 32 of the IMC Act, the term of the Post- Graduate Medical Education committee is for five years and in the instant case, the term of the Committee has commenced from 9-9-2002.