SHREYA MILIND NIMONKAR Vs. MEDICAL COUNCIL OF INDIA THROUGH PRESIDENT
LAWS(BOM)-2017-3-233
HIGH COURT OF BOMBAY
Decided on March 27,2017

Shreya Milind Nimonkar Appellant
VERSUS
Medical Council Of India Through President Respondents

JUDGEMENT

- (1.) Notice for final disposal was issued by order dated 6th February, 2017. Accordingly, we have taken up the petition for final disposal.
(2.) The petitioner made a complaint against Rule 62 of the Maharashtra Medical Council Rules, 1967 ("MMC"). On the basis of the said complaint, the MMC issued a notice to the third respondent. The third respondent filed a reply. An order was made on 26th September, 2015 by the second respondent by which the complaint filed by the petitioner was dismissed. Being aggrieved by the said Order, the petitioner preferred an appeal before the first respondent - the Medical Council of India. By the impugned order dated 10th May, 2016 the appeal was disposed off on the ground that the appeal being time barred was not maintainable.
(3.) The submission of the learned Counsel appearing for the petitioner based on the assertion made in the petition is that till 9th October, 2015 the petitioner was not aware of the order dated 26th September, 2015 passed by the second respondent. Learned Counsel appearing for the petitioner pointed out that petitioner received a copy of the said order on 12th October, 2015. An appeal before the first respondent was preferred on 17th December, 2015. She pointed out that there was a delay of only four days. The submission is that the first respondent could not have disposed of the appeal without giving an opportunity of hearing the petitioner and without giving opportunity to the petitioner of satisfying the first respondent that there was sufficient cause for the condonation of delay. He also submitted that the order dated 26th September, 2015 is illegal. His submission is that even notice ought to have been issued of the complaint to the fourth respondent.;


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