Is State medical council bound by the decision of MCI to suspend license of a doctor?


Dr KK Aggarwal and Ms Ira Gupta    28 May 2018

  1. The Medical Council of India (MCI) is an Appellate body and is not supposed to handle cases of professional misconduct or medical negligence directly unless a complaint has come to them from a State where the State Medical Council is absent, defunct or non-functional.
  2. The MCI can also handle cases directly if the State Medical Council has not decided a case in six months.
  3. MCI can act suo moto
  4. MCI can conduct a primary enquiry if the case relates to fraud in medical college inspections
  5. MCI can proceed with enquiry if multiple councils are involved or if the subject if of national importance

If the MCI has given a decision the state medical council in absence of any stay by the higher courts are bound to act on it.

For example, in a Delhi Medical Council order DMC/DC/F14/652/2010, the State Medical Council also implemented the temporary removal of the name of a doctor from the State Medical Register as decided by the MCI. “…the Delhi Medical Council directs that in terms of MCI letter No. MCI-211(2)/2009-Ethics/63538-64207 dated 8.1.2010 as per which the Medical Council of India has ordered removal of name of Dr X temporarily … from the Indian Medical Register for a period of six months …, the Delhi Medical Council also remove the name of Dr X… for a period of six months…( DMC/DC/F14/652/2010).”

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