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Supreme Court of India

MEDICAL COUNCIL OF INDIA vs STATE OF RAJASTHAN on 15 January, 1996

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C.A. No.-002551-002551 - 1996Official PDFBench Katikithala Ramaswamy, Gopal Ballav PattanaikAdvocates GP. CAPT. KARAN SINGH BHATI
PETITIONER:
MEDICAL COUNCIL OF INDIA & ANR.
Vs.
RESPONDENT:
THE STATE OF RAJASTHAN & ANR.
DATE OF JUDGMENT: 15/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 AIR 2073 JT 1996 (1) 634
1996 SCALE (1)634
ACT:
HEADNOTE:
JUDGMENT:
O R D E R

O R D E R

Leave granted.

We have heard learned counsel for the appellant Medical Council of India as well as learned counsel for the first respondent. The second respondent has been avoiding service of notice and, therefore, we had passed an order on January 8, 1996 that the notice must be deemed to have been served on him. The only question is: whether the second respondent is entitled to practise as registered medical practitioner? Admittedly, the second respondent has done his M.Sc. (Medical Bio-Chemistry). He joined as Demonstrator and thereafter became Professor in the Department of BioChemistry. He, on 31.7.73, sought to have his name registered with the State Medical Register. When he was not allowed to practise Medicine on the basis of the above qualifications, he filed a writ petition in the High Court. The learned single Judge in Civil W.P.No.1169/81 by an order dated February 3, 1992 allowed the writ petition and directed the appellant to enroll him as Medical Practitioner on the State Medical Register. An appeal filed against the said order in Special appeal No.179/1995 was dismissed vide order dated February 15, 1995 by the Division Bench of the High Court. Thus, this appeal by special leave.

Section 2 (f) of the Indian Medical Counci1 Act, 1956 (for short, ’the Act’) defines "Medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery. Section 2(h) defines "Recognised Medical Qualification" to mean any of the medical qualifications included in the Schedule and Section 2(d) defines "Indian Medical Register" to mean medical register maintained by the Council. Though M.Sc. (Bio-Chemistry) is included in the Schedule, but unless the second respondent has qualified himself in Medicine, he is not eligible to be registered as Medical practitioner. Section l5(1) of the Act says that subject to the other provisions contained in this Act the medical qualifications included in the Schedule shall be sufficient qualification for enrolment on any State Medical Register. Section 26 postulates thus:

"26 Registration of

additional qualification. (1)

If any person whose name is

entered in the Indian Medical

Register obtains any title

diploma or other

qualification for proficiency

in sanitary science,

public health or medicine

which is a recognised

medical qualification he

shall on application

made in this behalf in the

prescribed manner be entitled

to have an entry stating

such other title, diploma

or other qualification made

against his name in the

Indian Medical Register either

in substitut666ion for or in

addition to any entry

previously made.

(2) The entries in respect

of any such person in a State

Medical Register shall be

altered in accordance with

the alterations ntade in the

Indian Medical Register." It would thus be clear that the basic qualification of M.B.B.S. as primary qualification is a pre-condition for a candidate for being registered in the State Medical Register maintained by the State Board. The second respondent does not have the basic qualification his M.Sc. (BioChemistry) cannot be considered to be a basic qualification for practising as a Medical Practitioner. The High Court has thus committed obvious error in allowing the writ petition and directing the appellant to register him as a Medical Practitioner.

The appeal is accordingly allowed. No costs.