Dismissed

Dr. Monia Goyal Wife of Dr. Kapil Gupta, D/O Shri Ramniwas Goyal v. Medical Council of India

Rajasthan HC10 Jan 2024CW/27711/2018

Case brief

AI extract

What is this about?

Petitioner challenged RMC order cancelling registration without availing statutory appeal to MCI. Court dismissed writ, holding alternative remedy is mandatory bar, granting liberty to file appeal.

What did the court decide?

Petition dismissed; liberty granted to file appeal before MCI within one month. Stay application dismissed.

Dr. Monia Goyal Wife of Dr. Kapil Gupta, D/O Shri… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:1750]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 27711/2018

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Dr. Monia Goyal Wife of Dr. Kapil Gupta, D/o Shri Ramniwas Goyal, Aged About 46 Years, Resident Of B-24, Ranjeet Nagar, Bharatpur, Rajasthan, At Present Residing at B-258, 10-B Scheme, Gopalpura Bypass, Jaipur (Rajasthan)-302018.

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----Petitioner

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Versus

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Medical Council of India, Pocket-14, Sector-8, Phase-I, Dwarka, New Delhi-110077 Through Registrar.

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Rajasthan Medical Council, Sardar Patel Marg, C-Scheme, Jaipur Through Registrar.

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----Respondents For Petitioner(s) : None For Respondent(s) : None

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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10/01/2024

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Instant petition has been filed against the impugned order dated 26.09.2018 passed by the Rajasthan Medical Council (for short, ‘RMC’) by which the registration of the petitioner has been cancelled for five years.

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Admittedly, the aforesaid order is appealable before the Medical Council of India (for short, ‘MCI’) but without availing the statutory remedy before the MCI, the petitioner has approached this Court challenging the legality and validity of the said order.

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It is a well settled proposition of law that whenever an alternative remedy of filing appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said appellate authority.

[2024:RJ-JP:1750]

[CW-27711/2018]

(2 of 2)

In view of the above, the instant petition stands dismissed on this count alone, granting liberty to the petitioner to file statutory appeal before the MCI. In case, any appeal is submitted within a period of one month from today, the Appellate Authority (MCI) is expected to hear and decide the same on its merits as early as possible, after affording the opportunity of hearing to all the respective parties, ignoring the period of limitation.

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Stay application and all pending application(s), if any, also stand dismissed.

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(ANOOP KUMAR DHAND),J

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Ashu/137

Dr. Monia Goyal Wife of Dr. Kapil Gupta, D/O Shri Ramniwas Goyal v. Medical Council of India

Case brief

What is this about?

What did the court decide?

Dr. Monia Goyal Wife of Dr. Kapil Gupta, D/O Shri Ramniwas Goyal v. Medical Council of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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