- 1 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 56015 OF 2016 (GM-RES) C/W WRIT PETITION NO. 54167 OF 2016 (GM-RES) IN WP No. 56015/2016 BETWEEN: 1. DR SISTER GLADYS MENEZES DAUGHTER OF MR JOHN MENEZES, AGED ABOUT 57 YEARS, 2. THE ADMINISTRATOR SNEHALAYA HOSPITAL REPRESENTED BY SISTER ANNA ROSA D'ALMEDIA AGED ABOUT 54 YEARS, D/O LATE JACOB D'ALMEDIA BOTH RESIDING AT SNEHALAYA HOSPITAL, SOLUR POST, MAGADI TALUK, RAMANAGARA- 562 127 …PETITIONERS (BY SRI. CYRIL PRASAD PAIS, ADVOCATE) AND: 1. MR.H.M.KRISHNA MURTHY SON OF LATE MR NARASIMHAIAH AGED ABOUT 55 YEARS, HOSPET ROAD, MAGADI TOWN MAGADI TALUK, BANGALORE RURAL DISTRICT Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 2. THE KARNATAKA MEDICAL COUNCIL A STATUTORY BODY NO.16/6, MILLER TANK BUND ROAD, VASANTH NAGAR, BANGALORE 560052 REPRESENTED BY ITS PRESIDENT 3. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARAKA PHASE 1, NEW DELHI- 110077 REPRESENTED BY ITS PRESIDENT 4. THE ETHICS MEDICAL REGISTRATION BOARD POCKET- 14, SECTOR 8, DWARAKA PHASE-I, NEW DELHI - 110 077 REPRESENTED BY ITS PRESIDENT. …RESPONDENTS (BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE FOR R1; SRI. D.S.HOSMATH, ADVOCATE FOR R2 SRI. N KETTY, ADVOCATE FOR R3 AND R4) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.5.2016 PASSED BY THE R-3 IN APPEAL NO. MCI-211(2)(57)(APPEAL)/2015-ETHICS/107968, VIDE ANNEX- A, CONSEQUENTLY REMAND THE MATTER TO THE R-3 WITH A DIRECTION TO HEAR THE PETITIONERS AND THEREAFTER PASS AN APPROPRIATE ORDER IN ACCORDANCE WITH LAW. IN WP NO. 54167/2016 BETWEEN: DR. SISTER GLADYS MENEZES D/O MR. JOHN MENEZES, - 3 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 AGED ABOUT 57 YEARS, SNEHALAYA HOSPITAL, SOLUR POST, MAGADI TALUK, RAMANAGAR - 562 127. ...PETITIONER (BY SRI. CYRIL PRASAD PAIS.,ADVOCATE) AND: 1. SRI. R. NAGARAJ S/O LATE RANGAPPA, MAJOR, R/AT NO. 361/1, 10TH MAIN, AKKIYAPPA GARDEN, MOHAN KUMAR NAGAR BANGALORE - 560 022. 2. THE KARNATAKA MEDICAL COUNCIL A STATUTORY BODY NO. 16/6, MILLER TANK BUND ROAD, VASANTH NAGAR, BANGALORE - 560 052 REPRESENTED BY ITS PRESIDENT. 3. NATIONAL MEDICAL COMMISSION POCKET- 14, SECTOR 8, DWARAKA PHASE-I, NEW DELHI - 110 077 REPRESENTED BY ITS PRESIDENT. 4. THE ETHICS MEDICAL REGISTRATION BOARD POCKET- 14, SECTOR 8, DWARAKA PHASE-I, NEW DELHI - 110 077 REPRESENTED BY ITS PRESIDENT. ...RESPONDENTS (BY SRI. M.C.RAVI KUMAR, ADVOCATE FOR R1; SMT. RATNA N SHIVAYOGIMATH, ADVOCATE FOR R2 SRI. N KETTY, ADVOCATE FOR R3 AND R4) - 4 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 THIS WP FILED ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.10.5.2016 PASSED BY THE R-3 IN APPEAL NO.MCI- 211(2)(57)(APPEAL)/2015-ETHICS/107968 AND CONSEQUENTLY RESTORE THE APPEAL FILED BY THE PETITIONER AND THEREAFTER PASS AN APPROPRIATE ORDER IN ACCORDANCE WITH LAW. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In these writ petitions, the petitioners are assailing the order dated 10.05.2016 passed by respondent No.3 (Annexure-A), whereby the appeal preferred by the petitioners was rejected. The petitioners have, inter alia sought for direction to respondent No.3 to restore the said appeal. 3. Having taken note of the submission made by the learned counsel appearing for the parties, it is seen that the petitioner had filed WP No.16121/2009 and - 5 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 connected writ petitions challenging the order passed by respondent No.2 therein. This Court, by order dated 16.10.2015 (Annexure-X in W.P.No.54167/2016), permitted the petitioner to approach the competent authority by way of appeal and also condoned the period spent by the petitioner before this Court. 4. Thereafter, the petitioner preferred an appeal before respondent No.3 against the order dated 21.05.2009 passed by respondent No.2. Respondent No.3, by order dated 10.05.2016 (Annexure-A), disposed of the appeal on the ground that, the petitioner had approached the appellate authority beyond 120 days from the date of the order passed by respondent No.2. 5. In this regard taking into account the order passed by this Court in WP No.16121/2009 dated 16.10.2015 (Annexure-X in W.P.No.54167/2016), I am of the view that the finding recorded by respondent No.3, rejecting the appeal preferred by the petitioner on the ground of delay and latches, is incorrect. The petitioner - 6 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 had approached respondent No.3 within four weeks from the date of the order passed by this Court (Annexure-X in W.P.No.54167/2016) and the period spent by the petitioner before this Court has already been condoned. Therefore, I am of the view that the order dated 10.05.2016 (Annexure-A) passed by respondent No.3 is liable to be set-aside. Accordingly, the matter is remitted to respondent Nos.2 and 4 to re-hear the matter afresh after affording an opportunity of hearing to all the parties concerned. 6. It is made clear that this Court has not expressed any opinion on the merits on the case. 7. It is also submitted by the learned counsel representing the parties that the order at Annexure-A dated 10.05.2016 was passed by respondent No.3. However, in view of the subsequent amendments made to the relevant Act, and the reconstitution of the Medical Council of India, respondent No.4 herein is now empowered to re-hear the matter afresh and pass the - 7 - HC-KAR NC: 2025:KHC:42633 WP No. 56015 of 2016 C/W WP No. 54167 of 2016 appropriate orders. Accordingly, respondent No.4 is directed to re-hear the matter afresh and pass appropriate order in accordance with law. 8. Interim order earlier passed by this Court shall enure to the benefit of the petitioners till the appeal is considered and disposed by respondent No.4. Sd/- (E.S.INDIRESH) JUDGE TMP List No.: 1 Sl No.: 24