Case Note & Summary
The Supreme Court addressed an appeal by the Medical Council of India against a judgment of the Rajasthan High Court that had directed the registration of a person holding an M.Sc. (Medical Bio-Chemistry) degree as a medical practitioner. The case arose when the second respondent, who had completed M.Sc. in Medical Bio-Chemistry, joined as a Demonstrator and later became a Professor in the Department of Bio-Chemistry. On 31 July 1973, he sought to have his name registered with the State Medical Register. When he was not allowed to practise medicine on the basis of his qualifications, he filed a writ petition in the High Court. The learned single Judge in Civil W.P.No.1169/81 allowed the writ petition by order dated 3 February 1992 and directed the Medical Council of India to enrol him as a Medical Practitioner on the State Medical Register. An appeal against that order, Special Appeal No.179/1995, was dismissed by the Division Bench of the High Court on 15 February 1995. The Medical Council of India then appealed to the Supreme Court by special leave. The second respondent avoided service of notice, and the Supreme Court passed an order on 8 January 1996 deeming notice served on him. The sole question before the Supreme Court was whether the second respondent was entitled to practise as a registered medical practitioner. The Court examined the definitions under the Indian Medical Council Act, 1956. Section 2(f) defined 'Medicine' as modern scientific medicine in all its branches, including surgery and obstetrics, but excluding veterinary medicine and surgery. Section 2(h) defined 'Recognised Medical Qualification' as any medical qualification included in the Schedule, and Section 2(d) defined 'Indian Medical Register'. Section 15(1) provided that medical qualifications included in the Schedule shall be sufficient qualification for enrolment on any State Medical Register, subject to other provisions. Section 26 dealt with registration of additional qualifications and allowed a person already entered in the Indian Medical Register to have additional qualifications noted. The Court held that although M.Sc. (Bio-Chemistry) was included in the Schedule, the second respondent had not qualified himself in Medicine. The basic qualification of M.B.B.S. as a primary qualification was a precondition for a candidate to be registered in the State Medical Register maintained by the State Board. The second respondent did not possess the basic qualification; his M.Sc. (Bio-Chemistry) could not be considered a basic qualification for practising as a medical practitioner. The High Court had committed an obvious error in allowing the writ petition and directing the appellant to register him as a medical practitioner. The appeal was accordingly allowed and no costs were awarded. The decision effectively set aside the orders of the High Court and denied registration to the second respondent.
Headnote
A) Medical Law - Registration of Medical Practitioners - Basic Qualification Requirement - Indian Medical Council Act, 1956, Sections 2(f), 2(h), 2(d), 15(1), 26 - The second respondent held an M.Sc. (Medical Bio-Chemistry) degree and sought registration on the State Medical Register; the High Court directed enrolment. The Supreme Court held that M.B.B.S. as primary qualification is a precondition for registration as a medical practitioner; a person must be qualified in 'Medicine' as defined under Section 2(f). The appeal was allowed and the High Court orders were set aside. Held that M.Sc. (Bio-Chemistry) cannot be considered a basic qualification for practising as a medical practitioner (Paras 1-4). B) Medical Law - Interpretation of Recognised Medical Qualification and Additional Qualification - Indian Medical Council Act, 1956, Sections 2(h), 15(1), 26 - The Schedule includes M.Sc. (Bio-Chemistry), but Section 15(1) only makes recognised qualifications sufficient for enrolment subject to other provisions; an additional qualification under Section 26 can only be registered for a person already entered in the Indian Medical Register. The second respondent lacked the basic M.B.B.S. qualification, hence was not entitled to registration. Held that a non-clinical postgraduate degree cannot substitute for the primary medical degree (Paras 1-4).
Issue of Consideration
Whether a person holding only an M.Sc. (Medical Bio-Chemistry) degree is entitled to be registered as a medical practitioner and practise medicine under the Indian Medical Council Act, 1956 without an M.B.B.S. degree.
Final Decision
The appeal is allowed. The orders of the High Court directing the Medical Council of India to enrol the second respondent as a medical practitioner are set aside. It is held that the second respondent is not entitled to be registered as a medical practitioner because he lacks the basic M.B.B.S. qualification. No costs.
Law Points
- M.B.B.S. is the primary basic qualification for registration as a medical practitioner
- possession of M.Sc. (Medical Bio-Chemistry) even if included in the Schedule does not qualify a person to practise medicine
- 'Medicine' under Section 2(f) means modern scientific medicine and excludes non-clinical qualifications
- Section 15(1) cannot be read to permit registration without basic medical qualification
- Section 26 permits registration of additional qualifications only for persons already entered in the Indian Medical Register
- basic qualification is a precondition for State Medical Register enrolment.
