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Judgment
The petitioner is aggrieved and dissatisfied with the order of suspension and which has been now communicated as well on 1st March, 2016. The Maharashtra Medical Council, Mumbai has initiated suo-moto proceedings. There is a news article published in a newspaper alleging that the petitioner is practicing in parapsychology at Bombay Hospital, Mumbai and in association with the Bombay Hospital a full-fledged department specialising in psychic healing and conducting parapsychology, thereby involving methodology, psychic healing methods that include communing with the dead, has been set up, which are completely unscientific, illegal practices and against the medical profession. Alleging breach of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, the Registrar of the Council has also informed the petitioner that the Bombay Hospital administration has been communicated the intent of the Council to hold inquiry. Pending such inquiry, the registration of the petitioner has been suspended.
Mr. Chandrachud appearing in support of this writ petition raised only one contention for our consideration. He submits that the order of suspension is worded in such a manner that the petitioner is prohibited from practicing even in allopathic medicine. The allegations are about some practices which are contrary to Professional Conduct, Etiquette and Ethics Regulations and there cannot be blanket bar or ban on practicing in allopathic medicine and which even is statutorily recognised and permissible.
Mr. Nerlekar appearing for the Council, on notice, states that such is not the position. For, all the materials would have to be considered as a whole and together. The suo-moto complaint alleges that the parapsychology is not and cannot be considered to be a part of allopathic medicine. In the garb of practicing in allopathic medicine, the petitioner has been indulging in such practices which contravene all medical etiquettes and ethics. In these circumstances, he would submit that this court should not interfere in the order of suspension, that too pending the inquiry into a serious charge.
Having noted the rival contentions, we are of the view that it is not necessary to interfere in writ jurisdiction with an order of suspension pending the inquiry by the Maharashtra Medical Council. We do not read the order that is served on the petitioner of suspension as disallowing or suspending his practise in allopathic medicine completely. The allegations pertain to practise in parapsychological science. Even the order, copy of which is tendered by Mr. Chandrachud and taken on record and marked as ''X'' for identification, refers to a newspaper article, wherein the petitioner is alleged to be running the department that specialises in psychic healing and conducting parapsychology, thereby involving methodology, psychic healing methods that includes communing with the dead. It is that charge and that allegation which is to be inquired into suo-moto by the Council. The petitioner asserts in his written statement that he is practicing in allopathic medicine with parapsychological science. That is why the order of suspension was worded in the manner read by Mr. Chandrachud. However, once the allegations are specific and clear, we do not think that the practise of alopathic medicine as a whole is prohibited or suspended by the Council.
Upon a query from the court as to whether the petitioner is ready and willing to give an undertaking that he will practise purely in allopathic medicine and not with parapsychological science, on instructions, Mr. Chandrachud states that the petitioner is ready and willing to file a written undertaking with the Maharashtra Medical Council, Mumbai, but without prejudice to his rights and contentions. We, therefore, accept the statement made by Mr. Chandrachud that such an undertaking would be filed with the Council. If that is filed, the petitioner can continue the practise of alopathic medicines without any parapsychological science and practices which are being inquired into and such pure alopathic practise shall not be in any manner affected by the pending inquiry. However, this arrangement shall be without prejudice to the rights and contentions of both sides.
The writ petition is, therefore, disposed of in the above terms. Looking at the age of the petitioner, who is stated to be of 94 years, it would be advisable if the Council concludes the inquiry as expeditiously as possible and within a period of four months from today. The undertaking that the petitioner would furnish shall be operative pending the inquiry proceedings.