Foreign Medical Graduate files complaint against National Medical Commission's lawyer after not getting favourable order, faces HC's Wrath
Mumbai: The Bombay High Court bench recently slammed a foreign medical graduate for lodging a complaint in the Bar Council against the lawyer of the National Medical Commission (NMC).
While the FMG had alleged that the NMC lawyer had made a false statement before the another bench of the High Court, the HC bench opined that the act of lodging complaint was an attempt to intimidate the lawyer.
Slamming the concerned medical graduate from abroad, the HC division bench of Justice G.S. Patel and Justice Neela Gokhale noted, “This is an attempt to intimidate an advocate at our bar who is appearing for the respondent (NMC) and who is doing his job. He (NMC’s advocate) is pointing out an order to the bench led by Justice Dhanuka…Does he (petitioner Yati Patil) understand the implications of what he said about Justice Dhanuka? 'Justice Dhanuka was misled, Justice Dhanuka did not understand what was placed before him' … All this is implicit in his complaint.”
The division bench was considering a batch of pleas that alleged several irregularities in the screening tests conducted by the National Board of Examinations for foreign medical graduates.
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As per the latest media report by Live Law, the counsel for NMC, Advocate Ganesh Gole informed the bench that after failing to get an order in his favour, the petitioner FMG filed a complaint before the Bar Council against him and his junior.
Taking strong exception to this, the HC bench opined it to be an attempt of intimidating an advocate who was doing his job and noted, “He (petitioner) wants to test the limits of what this court is capable of. Mr. Shetty (petitioner’s lawyer), there is nobody better than you to advise him what this bench can and is unafraid to do. Remember this about the Bombay High Court, we dislodged the Chief Minister, who is he?”
Terming it as an attempt to scam the system, the bench added, “If he thinks he can get away with this, he is dialling the wrong number, he is approaching the wrong bench.”
The daily adds that the concerned petitioner has also filed contempt proceedings and alleged that the Apex Court's directions in the case of Sanjeev Gupta and Ors. v. Union of India and Ors. (2005) was not complied by the authorities.
However, while considering the plea, the HC bench was not convinced with the case of the petitioner. Thereafter taking note of the fact that the petitioner has lodged a complaint against the NMC lawyer, the bench termed it as a case of criminal attempt.
Noting that the counsel for the petitioner, Advocate Ashok Shetty was caught unawares by the complaint, the bench directed him to seek instructions on whether the petitioner will pursue it or not.
Directing the petitioner to be present on the next date, the bench has listed the matter for further hearing on February 02, 2023.
Also Read: HC asks State to Reimburse Entire Course Fee of Scheduled Caste MBBS Student
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