Bombay High Court
THE STATE OF MAHARASHTRA THROUGH THE DIRECTOR OF HEALTH SERVICESversusSAGAR SUBHASH HATTE
- Disposal
- DISPOSED OFF
Holding
The court modified the order dated 05.05.2026, directing that Respondent No. 5 be examined by a medical committee rather than the Medical Board.
Summary
The State of Maharashtra filed a civil application seeking modification of an order dated 05.05.2026 that had directed Dr. Devashish Ruikar, a neuro‑physician, to be a member of a Medical Board for examining Respondent No. 5. The learned Additional Government Pleader argued that an outside specialist could not be appointed as a board member, creating a practical difficulty. The court was asked to replace the board examination with a medical committee comprising the Dean of Vilasrao Deshmukh Government Medical College, the Head of the Psychiatric Department, and a private neuro‑physician, at the petitioner’s expense. The court granted the interim relief, modifying the earlier order to allow the examination by the specified committee and directing the committee to submit its report within eight days. The parties were instructed to act upon an authenticated copy of the order.
Issues considered
- Whether an outside specialist can be appointed as a member of the Medical Board under the earlier order
- Whether the court can modify the earlier order to substitute a Medical Board with a medical committee
- Procedural propriety of granting interim relief for modification of the order
Subjects
- Medical Board
- Medical Committee
- Order Modification
- Civil Application
- Interim Relief
- Procedural Law
Judgment
1 Doc.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CIVIL APPLICATION NO.5524 OF 2026
IN WRIT PETITION NO. 8602 OF 2025
THE STATE OF MAHARASHTRA & ANOTHER
VERSUS
SAGAR SUBHASH HATTE & OTHERS
...
GP for Applicants-State : Mr.A.B.Girase
Advocate for respondent : Mr.G.A.Gadhe
...
CORAM : VAISHALI PATIL-JADHAV, J.
[VACATION COURT]
DATED : 12th MAY, 2026.
ORDER :
. Not on board. Upon mentioning, taken on board.
2. Leave to add prayer clauses.
3. This Civil Application is filed for modification of the order
dated 05.05.2026.
4. By order dated 05.05.2026, it was directed that
Dr.Devashish Ruikar, Neuro Physician shall be a part of the Medical
Board along with other members of the Board.
5. The learned AGP submits that, the Court had directed to
examine respondent no. 5 by Medical Board but outside members
cannot be taken as members of the Board. Because of this practical
difficulty, by this Civil Application, it is prayed to form a Committee
wherein the same Neuro Physician can be a part of the Committee.
2 Doc.odt
6. Ad-interim relief in terms of prayer clause "B-2".
"B-2. Pending hearing and final disposal of the present Civil
Application the order dated 05.05.2026 passed by this Hon'ble
Court may kindly be modified to the extent of the medical
examination of the Respondent No.5 by the Medical Board and
instead the examination may be directed by a medical committee
comprising of the Dean of Vilasrao Deshmukh Government
Medical College and Hospital, Latur, Head of the Physcatric
Department and a Private Neuro Physician at the expense of
Petitioner."
The Committee shall submit report to this Court within
eight [8] days from today and the same be served to the petitioner.
7. The parties shall act upon authenticated copy of this order.
(VAISHALI PATIL-JADHAV,J.)
sga
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