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2003 Supreme(SC) 178

ASHOK BHAN, S.RAJENDRA BABU
Subhashis Bakshi – Appellant
Versus
W. B. Medical Council – Respondent


Judgement Key Points

Based on the provided legal document, the key points are:

  1. The right to treat includes the right to issue prescriptions, sickness certificates, and death certificates, provided the individual is recognized as having the competence to treat certain diseases (!) (!) .

  2. The appellants, who possess a recognized diploma and the right to treat, can lawfully have their names entered in the medical register, which allows them to practice their treatment rights, including issuing necessary certificates and prescriptions (!) (!) .

  3. The recognition of the right to treat certain diseases implies an associated right to prescribe medicines and issue certificates, as these are integral to the practice of treatment (!) (!) .

  4. The legal framework, including notifications and statutes, supports the inclusion of diploma holders in the medical register for the limited purpose of treatment-related activities, even if they do not possess full recognized medical qualifications (!) (!) .

  5. The order of the court mandates that authorities must facilitate the registration of all eligible diploma holders in the relevant medical register within a specified timeframe, ensuring their ability to perform treatment functions, including issuing certificates and prescriptions (!) (!) .

  6. The legal interpretation emphasizes that the right to prescribe and issue certificates flows naturally from the right to treat, and these cannot be separated without undermining the protection of the treatment rights (!) (!) .

  7. Any restrictions or notifications that attempt to limit these associated rights are subject to judicial review and must be consistent with the recognized legal principles that uphold the right to treat and related activities (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this matter.


JUDGMENT

Rajendra Babu, J.-"Thou shall not prescribe, but treat". Does this commandment stand the test of legal scrutiny? This is the stark and simple question to be decided in this case.

The long-winded facts of this case read as follows:

That about 337 persons, including the appellants had completed the diploma course of Community Medical Service in duly recognized institutions in the State of West Bengal and were posted in different parts of the State by the Government of West Bengal. On October 15, 1980 vide Notification No. Health/MA/7076/5M-5/80 the Government of West Bengal made an amendment in the Statute of the State Medical Faculty by introducing Article 6F under Part B, which reads verbatim as under:

"6F: Students who will undergo and complete the requisite course of studies in Medicine/Medical Science (as defined and detailed in the Schedule to this article and hereinafter called as the said Regulations for the Diploma course in Community Medical Services) in Medical Institutions, duly recognized by the State Medical Faculty of West Bengal, shall be admitted into examinations in the subjects laid down in the said regulations and the students passing the examinations shall b
























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