Dr.Usha Rani, B.S.M.S., M.D. (S) Vs the District Collector

3.Dr.S.Bindhu, M.D., (O&G) Consultant Obstetrician and Gyneclogist Infertility Specialist M/s Sri Annai Hospital No.5-C, Narasimha Achari Street, Dharmapuri – 636 701.

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4.Dr.G.Rajesh, M.S M/s BGR Hospital No.2 B, Ramalinga Chetty Street

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https://www.mhc.tn.gov.in/judis

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W.P.No.6395 of 2025

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Near LIC Office, Dharmapuri – 636 701.

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5.Dr.Aravindh, MS M/s BGR Hospital No.2 B, Ramalinga Chetty Street Near LIC Office, Dharmapuri – 636 701.

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6.Dr.E.V.Sathyamoorthy, D.A., M/s BGR Hospital No.2 B, Ramalinga Chetty Street Near LIC Office, Dharmapuri – 636 701.

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7.Dr.Anand, M.B.B.S., Oncologist Surgeon M/s BGR Hospital No.2 B, Ramalinga Chetty Street Near LIC Office, Dharmapuri – 636 701. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2^nd respondent (Tamil Nadu Medical Council) vide letter No.T.No.3100/2023 dated 11.11.2024 and to quash the same, consequently direct the respondent to conduct a fresh, free and fair new enquiry by transferring the matter to a new enquiry officer and by issuing notice to the other respondents to pass such further or other orders.

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For the Petitioner : Mrs.Usha Rani, Party-in-Person For the Respondents : Mr.S.Senthil Murugan Special Government Pleader for R1

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W.P.No.6395 of 2025

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Mr.U.Bharanidharan for R2 Mr.Sathish Parasaran Senior Counsel for Ms.Sameeksha Desikan for RR3,4, 6 & 7

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ORDER

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The Writ Petition is filed challenging the order of the Tamil Nadu Medical Council dated 11.11.2024. By the said order, the complaint that is given by the petitioner, in respect of the private respondents herein, to take action on professional misconduct was rejected.

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When the matter came up for hearing, the learned Senior Counsel appearing on behalf of the private respondents would submit that as against the said order, as per Regulation No.8.8 of the Indian Medical Council (Professional Conduct, Etiquette And Ethics) Regulations, 2002, the petitioner has an appeal remedy to the Medical Council of India.

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Upon considering the same, I am of the view that the petitioner can be relegated to the alternative remedy that is available to her. The said regulation

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W.P.No.6395 of 2025

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mandates that an appeal be filed within a period of 60 days from the date of receipt of the order passed by the Tamil Nadu Medical Council.

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In this case, the order was passed on 11.11.2024 and the petitioner filed the Writ Petition on 20.02.2025. Thus, considering the overall facts and circumstances of the case, I am of the view that time can be enlarged to the petitioner to file an appeal.

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In view thereof, this Writ Petition is disposed of on the following

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terms:-

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(i) The Writ Petition filed by the petitioner to quash the order dated 11.11.2024 cannot be entertained by this Court, since the petitioner has an effective alternate remedy;

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(ii) The petitioner shall file an appeal before the Medical Council of India, on or before 30.04.2025. As and when such an appeal is filed, the same shall be treated by the Medical Council of India as filed within time, as per the Regulation No.8.8 of the Indian Medical Council (Professional Conduct,

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W.P.No.6395 of 2025

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Etiquette And Ethics) Regulations, 2002, and shall be taken on file, issue notice to the petitioner as well as the respondents therein and decide the appeal in accordance with law;

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(iii) In any event, final orders shall be passed on the appeal that is to be preferred by the petitioner, within a period of three months from the date of filing of an appeal;

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(iv) No costs. Consequently, the associated miscellaneous petitions are closed.

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21.04.2025

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Neutral Citation : Yes / No Jer To 1.The District Collector – Dharmapuri District First Floor, Salem Main Road Dharmapuri District – 636 705.

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2.The Registrar Tamil Nadu Medical Council No.959 & 960, Poonamallee High Road Purasaiwakkam Chennai – 600 084.

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