1996 JTR(SC) 102
1996 AIR(SC) 2073 ; 1996 AIR(SCW) 2492 ; 1996 1 CCC(SC) 181 ; 1996 1 CurCC(SC) 181 ; 1996 1 JT 634 ; 1996 2 RLW(Raj) 143 ; 1996 1 Scale 634 ; 1996 7 SCC 731 ; 1996 2 SCJ 271 ; 1996 1 SCR 488 ; 1996 2 SCT 598 ; 1996 1 SLR 776 ; 1996 1 UJ 500 ; 1996 KHC 1062 ; 1996 1 Supreme 748
1996(1) Supreme 748
SUPREME COURT OF INDIA
K. Ramaswamy and G.B. Pattanaik, JJ.
Medical Council of India & Anr. -Appellants
versus
The State of Rajasthan & Anr. -Respondents
Civil Appeal No. 2551 of 1996
Decided on 15.1.1996
Counsel for the Parties :
For the appellants : Vikas Singh and L.R. Singh, Advocates.
For the Respondent : H.G.R. Khattar and K.S. Bhati, Advocates.
IMPORTANT POINT
High Court was wrong in directing the appellant to register him as a Medical Practitioner on the basis of simple M.Sc. (Bio-Chemistry) degree which is included in schedule of Indian Medical Council Act, 1956 without any qualification in Medicine.
Act Referred :MEDICAL COUNCIL ACT : S.2(d), S.15(1), S.22(h), S.15, S.26, S.2(f), S.2(b)
A) Relevant laws and sections are not explicitly cited in the judgment.
B) A person must have a recognized medical qualification, specifically an M.B.B.S. as the basic qualification, to be eligible for registration as a medical practitioner. Other qualifications such as M.Sc. (Bio-Chemistry) do not substitute the primary medical qualification.
Facts of the case:
The second respondent, holding an M.Sc. (Medical Bio-Chemistry), sought registration as a medical practitioner. Despite being a professor, the registration was denied based on lack of the required medical qualification. A writ petition allowed registration, but the appeal by the medical council succeeded at the High Court.
Findings of Court:
The High Court erred in directing registration as the second respondent lacked the essential medical qualification. The M.Sc. (Bio-Chemistry) is not a recognized basic qualification for medical practice.
Issues:
Whether a person with an M.Sc. (Medical Bio-Chemistry) degree is eligible to be registered as a medical practitioner in the absence of an M.B.B.S. degree.
Ratio Decidendi:
The eligibility for registration as a medical practitioner hinges on holding a recognized medical qualification, primarily an M.B.B.S., and ancillary qualifications do not fulfill this mandatory requirement.
Result:
Appeal allowed. The respondent is not entitled to practice as a registered medical practitioner.
A) Relevant laws and sections are not explicitly cited in the judgment.
B) A person must have a recognized medical qualification, specifically an M.B.B.S. as the basic qualification, to be eligible for registration as a medical practitioner. Other qualifications such as M.Sc. (Bio-Chemistry) do not substitute the primary medical qualification.
Facts of the case:
The second respondent, holding an M.Sc. (Medical Bio-Chemistry), sought registration as a medical practitioner. Despite being a professor, the registration was denied based on lack of the required medical qualification. A writ petition allowed registration, but the appeal by the medical council succeeded at the High Court.
Findings of Court:
The High Court erred in directing registration as the second respondent lacked the essential medical qualification. The M.Sc. (Bio-Chemistry) is not a recognized basic qualification for medical practice.
Issues:
Whether a person with an M.Sc. (Medical Bio-Chemistry) degree is eligible to be registered as a medical practitioner in the absence of an M.B.B.S. degree.
Ratio Decidendi:
The eligibility for registration as a medical practitioner hinges on holding a recognized medical qualification, primarily an M.B.B.S., and ancillary qualifications do not fulfill this mandatory requirement.
Result:
Appeal allowed. The respondent is not entitled to practice as a registered medical practitioner.
ORDER
Leave granted.
2. 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 practice 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 Bio-Chemistry. He, on 31.7.1973, 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.
3. Section 2(f) of the Indian Medical Council 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 include 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 had qualified himself in Medicine, he is not eligible to be registered as Medical Practitioner. Section 15(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 bahalf 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 substituion 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 made in the Indian Medical Register."
4. 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. (Bio-Chemistry) 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.
5. The appeal is accordingly allowed. No costs.
Appeal allowed.
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Parallel Citations of other Journals :
Medical Council & India & Anr. v. State of Raj., 1996(1) Supreme 748 : JT 1996(1) SC 634 : 1996(1) Scale 634