Can a person appeal against the State Medical Council decision?

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Yes, a person can appeal against the decision of the State Medical Council.

For example, Section 23 of Delhi Medical Council Act elaborates: 23. Appeals–

(1) Any person aggrieved by any decision of the Registrar under this Act may, within a period of one month from the date on which the decision is communicated to him, appeal to the Council which shall hear and determine the appeal in the prescribed manner. (2) Save as otherwise provided in the Medical Council of India Act, 1956 (102 of 1956) the decision of the Council under this Act shall be final.

When should one file an appeal against a State Medical Council order?

The Medical Council of India gives 60 days to file an appeal against State Medical Council (Medical Council of India Act 8.8). It is always better to file the appeal within 30 days, as the action of State Medical Council like the Delhi Medical Council is usually applicable on the 31st day of issuing of the order.

If Delhi Medical Council has taken an action for suspension of registration, simultaneously, it can be challenged in the High Court for a stay. The Medical Council of India has no provision of passing a stay order. The action of Medical Council of India should be challenged in High Court as early as possible as the Council does not give any time if it has suspended the registration of a doctor.

In Dr. Raj Bokaria Vs A. Dutta, the Medical Council of India gave a three-month suspension with immediate effect.

Reference

1. Dr. Raj Bokaria Vs A. Dutta, MCI.