No HC relief for doctor temporarily debarred by MMC for ‘fraud’

A single-judge bench of Justice Burgess P Colabawalla through video conference heard the plea filed by the doctor seeking a relaxation in the temporary ban on him so that he can render his services as medical professional amid COVID-19 pandemic.

2 min readMumbaiUpdated: May 6, 2020 12:21 PM IST

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The FCPS is a specialised medical degree and is higher than MBBS and Diploma in Anaesthesia, which the doctor had secured in 1997 and 2001, respectively. (Representational Image)

The Bombay High Court Monday refused to grant interim relief to a doctor, whose name had been removed from the register of medical practitioners for a year after a probe revealed that he had fraudulently used Fellowship by College of Physicians and Surgeons (FCPS) degree without clearing the exam.

The FCPS is a specialised medical degree and is higher than MBBS and Diploma in Anaesthesia, which the doctor had secured in 1997 and 2001, respectively.

A single-judge bench of Justice Burgess P Colabawalla through video conference heard the plea filed by the doctor seeking a relaxation in the temporary ban on him so that he can render his services as medical professional amid COVID-19 pandemic.

Advocate Zaid Ansari, for the petitioner, said the Maharashtra Medical Council (MMC) had on March 15 issued an order and prohibited the doctor from practicing for a year after the MMC and the College of Physicians and Surgeons (CPS) found that he had used FCPS title without clearing the exam and, therefore, held he was not eligible to practice.

Ansari told the court that in January last year, the MMC issued showcause notice on the doctor and in July that year held a meeting with CPS where it was allegedly revealed that the doctor had indulged in fraud. Though my client was present for the meeting, an arbitrary order was passed by the MMC, Ansari said and sought that it to be set aside by the high court.

The bench observed that as the allegations against the doctor were of serious nature and it cannot grant interim reliefs but directed the state to respond on the plea within four weeks.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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