Full Judgment Text
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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
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 Bio-
Chemistry. 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
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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.