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Mumbai High Court: MCI Has Absolute Authority Over Any State Medical Councils To Take Disciplinary Action Against Delinquent Doctors

While dismissing a number of writ petitions filed by several doctors whose licenses were suspended by the Medical Council of India (MCI) for deliberate misrepresentation and fraud, Division bench of Mumbai High Court has categorically held that MCI has absolute power under the provisions of “Code of Ethics & Regulations, 2002” to take disciplinary action and cancel or suspend medical registrations of doctors found guilty for medical negligence or ethical violation (see the full HC judgment below). Dr. Bapat Vishnuprasad Madhusudan, Dr. Asmita Desmukh and Dr. Sashikant Patel, all of whom were registered with the Maharashtra Medical Council (MMC), were found prima facie guilty and charged by the CBI for providing fake evidence as attending professor in favor of Melmaruvathur Adiparasakthi Institute Medical Sciences only to obtain MCI recognition of this private medical college in Tamil Nadu. After CBI brought this to the attention of MCI, the doctors were found guilty for ethical violation and their licenses were suspended for a period between 1 and 5 years. But since these doctors were registered with MMC, the guilty doctors moved Mumbai High Court claiming that MCI has no authority to take action against them. After a long contested legal battle for 3 years, Mumbai High Court passed this historic judgment clearly stating that MCI has full authority to take disciplinary action against the errant doctors. It is a routine practice by most state medical councils (SMCs) not to cancel or suspend licenses of doctors who are found guilty by the MCI on the plea that MCI has no authority to take action against doctors who are registered by the state medical council. This judgment unequivocally has held that MCI can take disciplinary action against wayward doctors based on a complaint or after an appeal filed by the aggrieved patients/victims whose complaints are dismissed by the state medical council. PBT welcomes this historic judgment as it will pave the way for appropriate disciplinary action against the delinquent doctors.

Bombay HC Judgment (MCI Disciplinary action) Oct, 2015

Comments on this entry are closed.

  • Seshadri R October 30, 2015, 12:33 am

    It is a good historic decision and to be welcomed by all. I hope things are moving forward and we can hope better in the near future.

  • Ganesh Mandal October 30, 2015, 10:32 am

    Being a supporter of PBT ‘S action , I am feeling very good for this historic judgement. Hopefully , the doctors will be more careful about the medical negligence patients and the patients will get better treatment in the near future. Thanks to Bombay High Court Judgement.

  • Parag October 30, 2015, 10:30 pm

    Hi All!

    Its so ironical that forces that are supposed to work against corruption are the ones that are most corrupt in the country.

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link:

    http://www.change.org/p/medical-council-of-india-lilavati-hospital-cancel-license-expel-corrupt-nephrologist-hemant-mehta-prashant-rajput-who-killed-my-mom

    Thanks!
    Parag

  • S.K.Thakur October 30, 2015, 11:16 pm

    Nothing new. The provision was already there. The MCI has the power to initiate and take disciplinary action against any doctor, who is registered with any State Medical Council bypassing the SMC concerned.

    • Seshadri R November 2, 2015, 11:23 pm

      Yes. The provision was there. But in spite of disciplinary action by MCI, the SMC concerned are not suspending those doctors. This judgement may pave way for taking actions.

  • Rakesh Mittal November 20, 2015, 10:56 pm

    WILL THE INDIAN MEDICAL ASSOCIATION ALSO JOKINGLY CALLED INDIAN MEDICAL MAFIA ASSOCIATION NOW APOLOGIES TO WORLD MEDICAL COMMUNITY FOR MISREPRESENTING IN IT’S WHITE PAPER ON MEDICAL MAFIA LORD KETAN DESAI THAT TECHNICALLY HIS LICENCE WAS NEVER SUSPENDED AS MCI DO NOT HAVE POWERS TO SUSPEND MEDICAL LICENCE. RECENT HIGH COURT JUDGEMENT ON WRIT PETITION NO. 11429, 11431, 11432 of 2012 (A.S) & 562 of 2013 (O.S) CLEARLY RULING THAT MCI HAS SUCH ABSOLUTE POWERS UNDER THE PROVISIONS OF “CODE OF ETHICS & REGULATIONS, 2012”.
    Did IMA ever apeared for Bar Council Exit Exam before giving opinions on legal matters?
    SIGN THE PETITION FOR M.A.N.D.A.T.O.R.Y NATIONAL EXIT EXAM (with provisions of temporary registration) FOR BETTER PG SEATS & BETTER MEDI CARE IN INDIA.
    https://www.change.org/p/2009230?just_created=true
    Kindly visit NATIONAL EXIT EXAM FOR MBBS GRADUATES INDIA our FB group & People for Better Medi Care India our FB page. Not to block any one in life is it’s stated official policy.