PATAN: The Patan High Court has issued an interim order preventing the immediate implementation of a two-month suspension imposed on Dr. Yashoda Rijal by the Nepal Medical Council (NMC).
A division bench of Justices Rishi Raj Bhandari and Deepak Khanal granted the order following a preliminary hearing of Rijal’s petition. The petition highlighted that the NMC had decided to suspend Dr. Rijal for allegedly violating the professional code of conduct, even though the period for filing an appeal against a prior district court verdict had not yet expired.
The district court had earlier found Dr. Rijal guilty, and on January 8, the NMC board meeting decided to suspend her for two months citing violations of the code of conduct. The High Court observed that enforcing the suspension while the appeal was pending could cause irreparable harm to the petitioner. Based on this, an interim order was issued under Section 156 of the Civil Procedure Code, 2017.
According to the court order, the suspension will not be enforced until a final decision is reached, and the interim order will remain in effect until the matter is conclusively resolved.
Background of the case
The case against Dr. Rijal is linked to a sexual assault incident involving her father, Diwakar Rijal. The court found that Diwakar had exploited his acquaintance with the victim to commit rape. Documents submitted by Diwakar claiming he was hospitalized at Kharanitar Hospital in Nuwakot were found to be falsified during investigation. The court determined that Dr. Yashoda Rijal, who was in charge at the hospital at the time, had prepared these documents.
Diwakar Rijal was was sentenced to seven years in prison and fined Rs 200,000. However, allegations have persisted that the sentence has not been effectively enforced. After a complaint from the victim to the Ministry of Health and Population on September 16, 2022, the ministry requested the NMC to investigate and take necessary action.
The ministry’s letter noted that appearing simultaneously at court and hospital, preparing documents without bills, and failing to disclose the doctor’s name constituted serious professional misconduct.
Despite the ongoing case, Dr. Rijal reportedly obtained a “Good Standing Certificate” from the NMC and traveled to the United States. The victim alleges that she left the country before the final verdict was issued.
Following the district court ruling and pressure from the victim and concerned parties, the NMC had suspended Dr. Rijal for two months. The High Court’s interim order now temporarily blocks the enforcement of this suspension.
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