2002 INSC 0733
                                    SUPREME COURT OF INDIA

                                         P.C. Kesavan Kuttynayar

                                                      Vs.

                                                Harish Bhalla

                                   (M Shah and D Dharmadhikari JJ.)

                                                 20.11.2002

                                                   ORDER

1. Heard the learned counsel for the parties.

2. It is submitted that during the pendency and disposal of these appeals, it is becoming
difficult for the Medical Council of India to function effectively for various reasons. The
counsel pointed out that the elections to the post of President and Vice-President of the
Council took place in June 2001 and pursuant to the orders passed by this Court, elections
have been held for the Executive Committee in August 2002.

3. It is pointed out that the High Court has not given any adverse finding against the
functioning of the Vice-President, Medical Council. It is also submitted that instead of
having an Administrator, the Vice-President be permitted to function as Acting President of
the Council for the smooth functioning of the affairs of the Council. It is also agreed that for
monitoring the functions of the Medical Council, particularly, appointment of Inspectors,
their inspection reports and making recommendations for grant of recognition to medical
colleges, a Committee comprising of four eminent doctors known for their independence and
integrity be appointed by this Court.

4. For enhancing the confidence of the people in the functioning of the Medical Council of
India, which is having wide powers under the Medical Council Act, 1956, we order
accordingly. We appoint a Committee of four eminent doctors, namely, Dr N.
Rangabashyam of Chennai, Prof. P.N. Tandon of New Delhi. Dr. S.K. Bhansali of Mumbai
and Dr. (Mrs) S. Kantha of Bangalore as members of Ad Hoc Committee to assist and
monitor the work of the Medical Council of India. The Ad Hoc Committee would work
harmoniously and in full cooperation with the Executive Committee of the Council. The
Committee would associate itself particularly in selection and appointment of Inspectors and
scrutinize their reports and make recommendations for grant of recognition to the medical
college.

5. If any member of the Ad Hoc Committee in course of working finds any practical or legal
difficulty, it would be open for him/them to approach this Court for appropriate orders
through learned Senior Counsel Mr Harish N. Salve (amicus curiae). It would also be open to

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them to make recommendations, how the functioning of the Executive Committee can be
made more effective and prompt.

6. Learned counsel appearing on behalf of the Administrator appointed by the High Court
submits that in view of the appointment of the Ad Hoc Committee, the Administrator be
permitted to be relieved. The counsel appearing on behalf of the Administrator also states
that they should also be discharged. We order accordingly.

7. Learned counsel for the parties submit that the Union of India be directed to take
appropriate steps to fill in the existing number of vacancies of the members of the Medical
Council of India. We also order accordingly.

8. Further, if CBI has completed the investigation as ordered by the High Court, it would
submit its report or file a charge-sheet before the court of competent jurisdiction in
accordance with law as early as possible.

9. Matters be placed in the month of February 2003 for further orders.

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