HC stays Delhi government notification on DMC appointment

The Delhi High Court on Thursday stayed a notification issued by AAP government on March 13 on appointing the new members of the Delhi Medical Council, a statutory body regulating doctors and other medical practitioners.

Justice Rajiv Shakdher stayed the notification appointing 22 members to the council.

Posting the matter for April 21, the court also issued notice to Delhi government on the issue and asked it to file response.

As the previous council's term ended in December 2014, elections for the new council were held in November. Since Delhi was then under President's rule, Lieutenant Governor Najeeb Jung nominated four doctors to the council - Ambrish Mithal, endocrinologist from Medanta Medicity, AIIMS professor Manoj K. Singh, Vinay Aggarwal, former president of Indian Medical Association, and paediatrician Ravi Malik, who is also IMA's joint secretary general.

But the notification of Delhi government does not contain their names. Two of the nominated doctors approached the court challenging the notification and said notification is completely "illegal".

"Once a person is elected or nominated, he can only be removed if he attracts disqualification and disability," argued senior advocate Sandeep Sethi appearing for Vinay Aggarwal and asked the court to declare the notification illegal.

The court said it will examine whether the government could have changed the composition in the manner in which they have done without taking recourse to the relevant provisions.

The court stayed the notification saying: "In my view, this aspect will have to be examined. I am also informed that it is not as if there is no council in place, as the previous council continues to operate."

"The concerns of the court, as to what would happen to matters presently pending, and those that may be filed in the intercession, before the council, is thus, in a sense, taken care of by virtue of the circumstance being in place. Accordingly, till the next date of hearing, notification dated March 13, 2015 is stayed," the court said.

Zubeda Begum, standing counsel of Delhi government told the court that notification has been published in the gazette.