Cancelling a doctor’s registration without hearing his case is a drastic step, the Bombay High Court said on Thursday.
The court set aside the Maharashtra Medical Council’s order suspending the registration of a Pandharpur-based doctor, saying the doctor was neither heard nor was issued a show cause notice.
Dr Surendra Kane was booked in 2007 under the Pre-Conception & Pre-Natal Diagnostic Techniques (prohibition of sex selection) Act. He had allegedly failed to register one of the two sonography machines at his clinic in Pandharpur.
The records maintained for the registered machine were also allegedly incomplete.
The doctor was also booked for not displaying a board in English saying that his clinic will not conduct sex determination tests.
Even as Kane was under trial before a magistrate in Pandharpur, the state medical council in February suspended his registration as a medical practitioner.
Kane approached the high court saying the council did not hear him before suspending his registration.
The court observed assuming that charges have been framed against the doctor the council had more than one option for action that can be taken [against Kane].
“In our opinion, a drastic action like suspension of the medical practitioner could not have been taken by the medical council without granting an opportunity of being heard to the petitioner [Kane] and without issuing [a] show cause notice,” said a division bench of Justice D. K. Deshmukh and Justice A. R. Joshi. “That admittedly had not been done.”
The high court revoked the medical council’s order, but said that the council could take appropriate action against Kane as the law permits.