IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.15200-201 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 ... PETITIONERS (BY SRI KARTHIK S, PARTY-IN-PERSON) 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. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER (BENGALURU URBAN) OLD ISOLATION HOSPITAL COMPOUND INDIRANAGAR BENGALURU-560 036 4. Dr R.RAJKUMAR, MD AGE: MAJOR C/O RANGADORE MEMORIAL HOSPITAL 1ST CROSS, SHANKARPURAM BENGALURU-560 004 5. Dr K.LAKSHMAN AGE: MAJOR C/O RANGADORE MEMORIAL HOSPITAL 1ST CROSS, SHANKARPURAM BENGALURU-560 004 6. Dr PRASHANTHAKESARI NK AGE: MAJOR C/O RANGADORE MEMORIAL HOSPITAL 1ST CROSS SHANKARPURAM BENGALURU-560 004 7. Dr MADHUMUDDAIAH AGE: MAJOR C/O RANGADORE MEMORIAL HOSPITAL 1ST CROSS SHANKARPURAM BENGALURU-560 004 8. Dr K N SRIDHAR AGE: MAJOR C/O RANGADORE MEMORIAL HOSPITAL 1ST CROSS, SHANKARPURAM BENGALURU-560 004 9. RAMAMURTHY AGE: MAJOR C/O RANGADORE MEMORIAL HOSPITAL 1ST CROSS, SHANKARPURAM BENGALURU-560 004 10. MEDICAL COUNCIL OF INDIA REPRESENTED BY DY. SECRETARY (CVO) POCKET-14, SECTOR-8, DWARKA, PHASE-1, NEW DELHI-110 077 ... RESPONDENTS [BY SRI. SRIDHAR N. HEGDE, HCGP FOR R3 (MA NOT FILED) SRI BASAVARAJ S. SAPPANNAVAR ADV., FOR R1 AND R2 SRI T.K. VISHWAJITH ADV., FOR R4-R8; R-9 SERVED SRI N. KHETTY, STANDING COUNSEL FOR MCI - R10] THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO, IN VIEW OF THE ILLEGAL REVIEW PETITION IN REVIEW PETITION NO.1/2018 IN KMC/ENQ/58/2014, THE PETITIONERS PRAY FOR JUDGMENT AND DECREE AND SET ASIDE THE PROCEEDINGS IN REVIEW PETITION NO.1/2018 (SUBMITTED IN ANNEXURE-A) ON THE FILE OF KARNATAKA MEDICAL COUNCIL AT BENGALURU, RELATED TO MEDICAL NEGLIGENCE CAUSED BY PRIMARY AND VICARIOUS LIABILITY TO THE PETITIONERS REVIEW PETITION SUBMITTED IN ANNX-C AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Karthik S, party-in-person/petitioner No.1.
Sri Basavaraj S. Sappannavar, learned Counsel for respondent Nos.1 and 2 Sri Sridhar N. Hegde, learned High Court Government Pleader for respondent No.3.
Sri T.K. Vishwajith, learned counsel for respondent Nos.4 to 8.
Sri N. Khetty, learned standing counsel for respondent No.10.
2. These petitions are admitted for hearing.
With the consent of learned Counsel for the parties, the same is heard finally.
3. In these writ petitions, petitioners, inter alia, seek the following reliefs:
1. To set aside the proceedings in Review Petition No.1/2018 in KMC/ENQ/58/2014 [order submitted in Annexure-A] in the file of Karnataka Medical Council at Bengaluru, related to MEDICAL NEGLIGENCE caused by primary and vicarious liability to the petitioners.
Review Petition submitted in Annexure-C;
2. To direct Medical Council of India to pass Orders in a Time-bound manner in Appeal dated 03/12/2018 filed by Original Complainants 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/211-3 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 & 8.8 OF INDIAN MEDICAL COUNCIL (PROFESSIONAL CONDUCT, ETIQUETTE AND ETHICS) REGULATIONS, 2002;
4. To direct Karnataka Medical Council to forward the Order in KMC/ENQ/58/2014 to District Health Bengaluru Urban to Conduct enquiry into the Medical Negligence caused by Para-
Medical Workers; and in view of Complaint dated 21/09/2015 to DHO, Bengaluru Urban filed as Complaint no.KPME/51/2014-2015 for violation of Karnataka Private Medical Establishment Act [submitted as Annexure-D].
4. When the matter was taken up today, party-in-person/petitioner No.1 submitted that the Karnataka Medical Council under the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 had passed an order on 10.11.2018. Being aggrieved, the petitioners have filed an appeal before the Medical Council of India, which is pending adjudication for the past about one year. It is further submitted that even though there is no power of review, respondent No.4 has filed a review petition before the Karnataka Medical Council.
5. Sri N. Khetty, learned standing counsel for respondent No.10 - Medical Council of India fairly submitted that under the provisions of Regulations, there is no power of review.
6. Learned Counsel for respondent No.4 also submitted that there is no provision for review of the order passed by the Karnataka Medical Council under the Regulations.
7. In view of the aforesaid submissions and taking into account the legal position that the power of review has to be expressly pointed out by the statute, the proceedings initiated by respondent Nos.1 and 2 before the Karnataka Medical Council for seeking review of the order dated 10.11.2018 are per se without jurisdiction. The aforesaid proceedings are non est.
8. At this stage, the learned counsel for respondent No.4 submits that he shall file an application on 13.08.2019 before the Karnataka Medical Council to withdraw the review petition. It is further directed that in case such an application is not filed, the matter shall be viewed seriously and the same shall tantamount to contempt of this Court.
9. So far as the prayer made by the party-in- person for a direction to the Medical Council of India to conduct an enquiry to decide the appeal pending before it in an expeditious manner is concerned, Sri N. Khetty, learned counsel for respondent No.10-Medical Council of India fairly submitted that, the aforesaid proceedings shall be concluded as expeditiously as possible within a period of six months from today.
10. In view of the aforesaid submissions, the Medical Council of India is directed to decide the appeal preferred by the party-in-person within six months from the date of receipt of the certified copy of the order passed by this Court. The competent authority - respondent No.3 is also directed to look into the complaint filed by the petitioners dated 21.09.2015 and to take an action expeditiously in accordance with law after affording an opportunity of hearing to the delinquent official – respondent No.4 and preferably within a period of four months from today.
11. With the above directions, the Petitions are disposed of.
Sd/- JUDGE cp*