The high court on Thursday dismissed a petition by eye surgeon Vijay Pahwa, challenging the legality of the state medical council’s proceedings against him for alleged negligence leading to a patient’s death.

The council has started the proceedings on the basis of a complaint by Utsav Basu, a resident of Mahanirban Road, who blamed Pahwa’s negligence for his wife’s death in 2004.

“There is now no bar on the council to take steps against the doctor,” said the council’s lawyer Saibalendu Bhowmik. The council has the right to cancel Pahwa’s registration if he is found guilty of negligence.

The case diary states that Bandana Basu, who had been suffering from cataract in her left eye, had been advised by Pahwa to undergo a phacomulsification surgery.

The 56-year-old died while being operated upon at Pahwa’s Russel Street nursing home on November 11, 2004. “A probe by the health department revealed that the clinic was functioning without a licence and the patient died because of the surgeon’s negligence,” Bhowmik said.

Pahwa, however, said Basu died of a cardiac arrest. He also claimed that as a doctor, he could run a clinic without a licence. While dismissing his petition, the division bench of Chief Justice S.S. Nijjar and Justice B. Somadder said: “The doctor tried to restrain the council by filing cases.”