Stay of regulatory order preserves status quo where the governing validity issue remains pending before the Supreme Court.

Clause 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and its interaction with Section 24(2) of the Indian Medical Council Act, 1956 were under challenge, with the same legal issue pending before the Supreme Court. Applying the principle that a stayed order does not operate during the currency of the stay, the Delhi HC kept the impugned MCI order in abeyance to preserve the status quo until final resolution of the pending controversy. The impugned order dated 27 October 2012 and the appellate decision dated 10 December 2012 were stayed till disposal of the petition.

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Issues: Whether the impugned order and the underlying appellate decision under Clause 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 should be stayed pending final adjudication on the validity of the provision and its interaction with Section 24(2) of the Indian Medical Council Act, 1956.

Analysis: The validity of Clause 8.8 and the interpretation of Section 24(2) of the Indian Medical Council Act, 1956 were noted to be pending consideration before the Supreme Court. The Court held that, once a stay is granted by a superior court, the stayed order ceases to operate during the currency of the stay. On that basis, and to preserve the position until the pending controversy is finally resolved, the Court found it appropriate to keep the impugned MCI order in abeyance. The Court therefore also issued rule and directed that the matter be listed in the regular category.

Conclusion: The impugned order dated 27 October 2012 and the decision dated 10 December 2012 were stayed till disposal of the petition.

Ratio Decidendi: A stayed order is non-operative during the subsistence of the stay, and where the governing legal issue is sub judice before the Supreme Court, interim protection may be granted to maintain the status quo.

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