KEERTI MATHUR Vs. MUKESH KUMAR SHARMA

JUDGEMENT

(1.) THIS contempt petition has been filed by Dr. (Mrs.) Keerti Mathur alleging willful and deliberate non-compliance of the order dated 04.02.2011 of this court in Writ Petition No.278/2011, by the respondents, in particular Dr. Reena Nayyar, the respondent no.3, Secretary to the Medical Council of India.

(2.) LEARNED counsel for petitioner argued that this court directed the Medical Council of India to decide the representation of the petitioner dated 08.06.2010. Since it was given out by the learned counsel for petitioner to the court that as per the communication of the Secretary, Medical Council of India, by letter dated 18.06.2010, the Board of Governors was ceased of the matter, this court directed the Medical Council of India to decide the representation within thirty days and further directed that the interim order passed by this court directing that person junior to the petitioner or lower in rank than her, shall be handed over charge of Head of Department of Physiology, shall be continued and shall remain co-terminus with aforesaid period of thirty days, subject to however any order that may be passed by Medical Council of India. LEARNED counsel for petitioner has cited communication dated 08.03.2011 sent to him by Medical Council of India wherein it was informed that certain amendments were proposed by the Medical Council of India to Government of India and on receipt of approval from the Government of India, Ministry of Health nd Family Welfare Department, the said amendments will be published in the Gazette of India. It is argued that on that basis the State Government has again handed-over the charge of Head of Department of Physiology to a person junior to the petitioner but the Government of India, has in the meantime, by letter dated 19.07.2011, rejected the recommendation of Medical Council of India and therefore not approved the aforesaid proposed amendments in respect of non-medical candidates.