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High Court stays Govt Order on removed of MBBS registration for a period of 02 years


High Court stays Govt Order on removed of MBBS registration for a period of 02 years

Jammu, Feb 19: In WP(C) No.384/2026 CM No.894/2026 titled  Tanishq Gupta  V/s UT of J and K & Ors.  after hearing HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDERED as under:-

1. Petitioner, through the medium of this petition, seeks quashing of Order No.JKMC-01 of 2026 dated 07.02.2026, issued by respondent-Jammu & Kashmir Medical Council, through its Registrar/Secretary, whereby MBBS registration granted, in favour of the petitioner vide Registration No.22416 dated 21.07.2025 was arbitrarily removed for a period of two years with immediate effect, without adhering to due process of law and further application filed by the petitioner for registration of MD Psychiatry as additional qualification, has also been rejected arbitrarily, with further direction to the respondents, to restore his registration.

2. Learned senior counsel appearing for the petitioner submits that the petitioner who is resident of Pathankote (Punjab) had obtained his licence with the registration of his MBBS degree with the J&K Medical Council on 21.07.2025, however, without adopting due course of law, vide impugned order, his name has been removed from the registration for a period of two years with immediate effect, violating the principle of natural justice as the petitioner was Sr. No.162 2 WP(C) No. 384/2026 neither issued any notice, nor heard before passing of the order impugned whereby his livelihood has been snatched.

3. Heard.

4. Notice.

5. Notice is waived by Mr. Dinesh Singh Chouhan, learned counsel on behalf of respondent Nos. 2 and 3, who seeks adjournment for filing of objections and has opposed grant of interim relief to the petitioner as according to him, the petitioner had been resorting to illegal practices and misconduct as there are serious allegations against him that he under the guise and garb of de-addiction centre had been administering illegal drugs to the people of Jammu and Kashmir in Jammu and further submits that till the matter is considered finally, he is not entitled to any interim relief.


6. Mr. Atharv Mahajan, learned counsel waived notice on behalf of respondent No.4-National Medical Council, who shall file reply/objections before the next date of hearing.

Notice shall now go to respondent No.1 only, returnable within four weeks subject to furnishing of requisites within one week.

7. On consideration of the matter, it appears that there is prima facie case for indulgence of this Court, at this stage, as the impugned order seems to have been passed without affording an opportunity of being heard to the petitioner.

8. List on 08.04.2026.

9. Meanwhile, subject to objections and till next date before the Bench, the impugned order is stayed.

 

 


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