In what could be termed as a setback to the AAP Government, the Delhi High Court on Thursday stayed the notification of city Government regarding appointments of new members in the Delhi Medical Council (DMC) saying it will examine whether the composition could be changed without taking recourse to relevant provisions of law.
“The concerns of the court as to what would happen to matters presently pending and those that may be filed in intercession before the council, is thus, in a sense taken care by virtue of the circumstances being in place. Accordingly, till the next date of hearing,
the notification, dated March 13, 2015, is stayed,” a single judge Bench of Justice Rajiv Shakdher said. The court’s order came on a plea of Dr Vinay Aggarwal who claimed that his and three other names as members of the DMC has been dropped from the notification dated March 13, 2015 by the new city Government.
“It will have to be examined whether the respondents could have changed the composition in the manner in which they have done without taking recourse to the relevant provisions of the Acts and the rules framed,” Justice Shakdher said.
Aggarwal claimed that he was appointed by the lieutenant Governor as a member to the council when Delhi was under the President’s Rule and the new city Government had not issued the notification earlier about the nomination and election of new members to the council even though it was complete by then.
Senior advocate Sandeep Sethi, appearing for Aggarwal, said that once a member is elected or nominated into the council, he can only be removed if he attracts disqualification and disability under the provisions of Act and hence, dropping of names of members as in notification is illegal.
Appearing for State, standing counsel Zubeda Begum said that the notification has not been published in the gazette and has been only uploaded on the website. The court then asked the State to file a counter affidavit and posted the matter for further hearing on April 21.