IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE Mr. JUSTICE B. VEERAPPA WRIT PETITION No.15203 OF 2019 (GM-RES) BETWEEN:
1. Karthik S S/o Seshadri Aged 36 years No.11/3, Car Street 1st Cross, Ulsoor Bengaluru – 560 008 2. G. S. Rajendra Prasad S/o late Satyanarayana Aged 60 years No.11/3, Car Street 1st Cross, Ulsoor Bengaluru – 560 008 (By Sri. Karthik S., Party-in-person;
... Petitioners Sri. G. S. Rajendra Prasad, petitioner No.2 (Absent)) AND:
1. Karnataka Medical Council Represented by Registrar Dr. BPS Murthy 16/6, 2nd Floor Miller Tank Bed Area Vasanthanagar Bengaluru - 560 052 2. President Dr. H. Veerabhadrappa Karnataka Medical Council 16/6, 2nd Floor Miller Tank Bed Area Vasanthanagar Bengaluru – 560 052 3. Dr. Rajkumar R MD, C/o Rangadore Memorial Hospital 1st Cross, Shankarpuram Bengaluru – 560 004 4. Medical Council of India Represented by the Deputy Secretary (CVO) Pocket-14, Sector-8, Dwarka, Phase-I New Delhi – 110 077 .... Respondents (By Sri. Basavaraj S. Sappanavar, Advocate for R1; Sri. R. Srinivasa, Advocate for R3;
R2 is served but unrepresented) This Writ Petition is filed under 227 of the Constitution of India praying to in view of the illegal review petition in review petition No.2/2018 in KMC/ENQ/58A/2014, set aside the proceedings in Review Petition No.2/2018 in Annexure-C in the file of Karnataka Medical Council at Bengaluru, related to Medical negligence caused by primary and vicarious liability to the petitioners and etc.
This petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER The petitioners in the above writ petition has sought for the following reliefs:
“1. Set aside the proceedings in Review Petition No.2/2018 in KMC/ENQ/58A/2014 (submitted in Annexure-C) in the file of Karnataka Medical Council at Bengaluru, related to medical negligence caused by primary and vicarious liability to the petitioners.
2. To direct Medical Council of India to pass orders in a time-bound manner in appeal dated 03.12.2018 filed by Original Complaints to Medical Council of India under Sections 8.7 & 8.8 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 filed as Appeal No.MCI/2018/Ethics/289-3 and appealing that the Doctors are guilty of Primary Liability as well (submitted as Annexure-B).
3. To direct Medical Council of India to conduct an enquiry into any other illegal proceedings being conducted by Karnataka Medical Council under the guise of Review Petitions, in violation of Sections 8.7 and 8.8 of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.”
2. Sri.R.Srinivasa, learned counsel for respondent No.3 has filed a memo along with the order passed by the Karnataka Medical Council dated 31.08.2019, wherein on the memo filed by the review petitioner, the review petition No.RP2/ENQ/58(A)/2014 came to be dismissed as withdrawn. The said memo and order is placed on record. Therefore, insofar as prayer No.1 is concerned, the same would not survive for consideration.
3. Party-in-person brought to the notice of this Court that in the an identical circumstances, in W.P.No.15200-201/2019 has been filed by the very Party-in-person. Considering prayer No.2, this Court had directed the Medical Council of India to conduct an enquiry and decide the appeal in an expeditious manner within a period of six months from the date of the order. The said submission is placed on record.
4. Insofar as prayer No.2 sought in the present writ petition is concerned, Medical Council of India is hereby directed to pass an appropriate order in appeal No.MCI/2018/Ethics/289-3 in a time bound manner.
5. In view of the above, the writ petition is disposed off directing respondent No.4 to decide the appeal preferred by the party-in-person within a period of six months from the date of receipt of certified copy of this order.
Accordingly, the petition is disposed off.
Mds/-
Sd/- JUDGE