PALI RASTOGI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in the present cases, these writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of the Writ Petition No.5027/2018 are narrated hereunder.

(2.) The petitioner before this Court has filed the present petition being aggrieved by the order dated 26.07.2017 passed by the Medical Council of India in exercise of the power conferred under the Indian Medical Council (Professional W.P. Nos.5027, 5028, 5085, 5094, 5120, 5264 & 5366 of 2017 2 Conduct, Etiquette and Ethics) Regulations, 2002 inflicting a punishment upon the petitioner for removal of his name for a period of three months from the Indian Medical Register, meaning thereby, he will not be a doctor for a period of three months. He cannot practice as a doctor even though he is working on the post of Assistant Professor at Mahatma Gandhi Memorial Medical College, Indore. A similar order has been passed in respect of seven other doctors and they have also filed writ petitions, which are linked with this matter.

(3.) The facts of the case, as stated in the writ petition and as stated in the reply reveal that the petitioner is having a Master degree in Psychiatry. He is serving as an Assistant Professor in Government Medical College at Indore and is a doctor of great repute.