The High Court set aside a suspension order against a doctor pending an enquiry into alleged unrecognised academic qualifications, allowing practice subject to a promise to drop reference to that qualification.
Suspension order set aside; petitioner undertaking to drop reference to alleged unrecognised qualification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP5487.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5487 OF 2016
Dr. Sanjay Parab … Petitioner
Vs
Maharashtra Medical Council, Mumbai ... Respondent
Mr. Mihir Desai, senior counsel with Mr. Rui Rodrigues and Mr. Mohd. Asadulla Shaikh i/b Ms. Yogita R. Singh for the Petitioner.
Mr. Rahul Nerlekar for the Respondent.
CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKARJOSHI, JJ.
THURSDAY, 5TH MAY, 2016
P.C. :
1 . The petition has been brought against a suspension pending
an enquiry effected by the Maharashtra Medical Council, Mumbai.
2 . The Maharashtra Medical Council intends to hold an enquiry into an alleged misconduct or violation of the Maharashtra Medical Council of India Ethics Regulations. The allegation is that the petitioner having projected that he is a
SRP 1 / 3
WP5487.16.doc
qualified surgeon and in possession of an additional academic qualification from the University of Seychelles.
3 . It is the claim of the respondent that such a qualification as is projected and repeatedly is not recognized by either the All India Body or by the State Body.
4 . Prima facie and as is established from the record produced by the Maharashtra Medical Council itself that the petitioner possesses a degree styled as Masters in Surgery and from a recognized medical institution in India. On the strength of that he could have practiced general surgery and equally could have claimed to be an expert in laparoscopic surgery. The petitioner states that it is that activity and which is lawful prima facie which he should be allowed to pursue as not prohibited. The enquiry may go on and the petitioner will cooperate fully therein, but he should not be suspended from practice as that would also affect his livelihood.
5 . This is how we have proceeded and though we are reluctant to interfere in suspension order, particularly pending enquiry.
SRP 2 / 3
WP5487.16.doc
We find that the enquiry is into a very limited issue. Pending such an enquiry prima facie there was no reason to suspend the petitioner from medical practice altogether.
6 . In such circumstances, without prejudice to the rights and contentions of the Council, we set aside the order of suspension and on the undertaking of the petitioner that in future the petitioner would not utilise or use any such additional qualification or alleged qualification, namely, Master of General Surgery, University of Seychelles, American Institute of Medicine. The petitioner will drop reference to this qualification in all records, including from his personal stationery and e-mail etc. This will be without prejudice to the rights and contentions equally of the petitioner. The enquiry shall proceed and if the petitioner does not cooperate in early conclusion of the same, the Council is free to act in accordance with law.
DR.SHALINI PHANSALKAR-JOSHI, J. S.C. DHARMADHIKARI, J.
SRP 3 / 3
1 issue framed by the court
Whether the petitioner should be suspended pending an enquiry into alleged unrecognised qualifications.
1 provisions across 1 enactments
Dr. Sanjay Parab
Maharashtra Medical Council, Mumbai
S.C. DHARMADHIKARI
DR. SHALINI PHANSALKARJOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
