1998 Supreme(Del) 962

High Court Of Delhi
H.M.SETHI - Appellant
Versus
MINISTRY OF HUMAN RESOURCES - Respondent
Decided On : 11/18/1998

Headnote:

MEDICAL EDUCATION - Electropathy - Alternative systems of medicine - Courses conducted by respondents 10 to 16 - Award of degrees/diplomas/certificates - Legality - Directions issued.

Fact of the Case:

Petitioner alleged that the medical education and grant of degrees etc. in the field of medicine, are controlled and regulated by the Indian Medical Council Act, 1956. Indian Medicine Central Council Act, 1970, Homoeopathic Central Council Act, 1973 and Indian Medical Degrees Act, 1916. Of late, newspapers have been flooded with advertisements of the institutions which are functioning in violation of the provisions of said Acts and causing incalculable damage to public health. The New Delhi Medical Institute of Electropathy, functioning at H-38, Street No. 9, New Mabahir Nagar, New Delhi is one of such institutions. It claims to be affiliated to Naturo Electro Homoeo Medicines of India (for short n. E. H. M ) and authorised to function by the Ministry of Health and Family Welfare, Government of India. Dr. N. K. Awasthy projected as the Electropathy Samarat of India, is the founder of this institution. It grants degree of Bachelor of Electropathy Medicine and Surgery (B. E. M. S) on completion of four years course. Said institution is housed in three rooms and does not even possess the symbolic infrastructure for teaching and training about one thousand students on its roll. A photostat copy of the prospectus of the institution has been placed on the record. It is stated that the Medical College of Alternative medicines at 3, canal street, Calcutta, is yet another institution which claims to be having the legal authority to impart education in Alternate systems of medicine and is said to have been recognised by the Department of Health and Family Welfare, Government of West Bengal. It also claims to be accepted by the Indian Medical Council and grants degrees and diplomas. A photostatcopy of the advertisement published by it in the Hindustan Times dated 17th July, 1996 has been annexed to the petition. Health and Medicare Institute at 80, Chowringhee Road, Calcutta, another such institution has inserted advertisement in Hindustan Times dated 15th September, 1996 (Annexure g ) inviting applications for admission to Degree/diploma/md/rmp courses on regular and correspondence basis. These courses are not at all recognised under any of the aforesaid Acts. There are many such unapproved institutions dealing in medical science operating in India. It is stated that the persons acquiring medical qualifications from these unauthorised institutions have been and would be posing serious threat to public health at large. With a view to curb the menace, the petitioner sensed notices dated 19th September, 1996 on the respondents but of no avail. It is prayed that by issue of writ, direction or order respondent 1 to9 be commanded to forth with ban the aforesaid institutions and a probe into their functioning be made. Said respondents be further directed to work out a policy to check such like institutions and the persons found guilty be prosecuted as per law.

Finding of the Court:

The court found that there is no legislation whatsoever prohibiting a body or person from conducting courses in Electropathy system and for that matter any other Alternative systems of medicine and practising them. The court also found that there is no legal prohibition in granting diplomas and certificates for the courses conducted by respondents 10 to 16.

Issues: 1. Whether respondents 10 to 16 are debarred under any law from running the medical courses complained of, awarding degrees/diplomas/certificates and petition. 2. Whether the Central/state Governments shall consider making legislation prescribing: (a) grant of licences to the existing and new institutes conducting courses in Electropathy and other Alternative systems of medicine; (b) minimum standards of education and check on the functioning of such institutes on the lines set out in Sections 17, 18, 19 and 19a of the Medical Council Act, 1956; (c) minimum qualification for getting admission in such institutes; (d) conditions entitling these institutes to issue diplomas and certificates; and (e) right to use the prefix doctor and to issue medical certificates to the patients by diploma/certificate holders from such institutes.

Ratio Decidendi: 1. The court held that the persons possessing medical qualifications granted by universities or medical institutions included in Schedules I, II and III of aforesaid 1956 Act and enrolled on State Medical Register or Indian Medical Register alone can practise Allopathy system of medicine. Persons holding any medical qualification from a University, Board or Medical Institution included in Schedules II, III and IV of the said Act of 1970 and enrolled on State Register or Central Register only are eligible to practise Ayurveda. Sidha and Unani systems of medicine. Similarly persons having medical qualifications granted by Universities, Boards or Medical Institutions included in Scheduleslland III of 1973 Act and enrolled on State Register or Central Register alone are entitled to practise Homoeopathy. 2. The court held that there is no legal prohibition in granting diplomas and certificates for the courses conducted by respondents 10 to 16.

Final Decision: 1. The court issued directions to the Central/state Governments to consider making legislation prescribing: (a) grant of licences to the existing and new institutes conducting courses in Electropathy and other Alternative systems of medicine; (b) minimum standards of education and check on the functioning of such institutes on the lines set out in Sections 17, 18, 19 and 19a of the Medical Council Act, 1956; (c) minimum qualification for getting admission in such institutes; (d) conditions entitling these institutes to issue diplomas and certificates; and (e) right to use the prefix doctor and to issue medical certificates to the patients by diploma/certificate holders from such institutes. 2. The court also directed that respondents 10 to 16 and the like institutes shall not award any degree for the course conducted by them. 3. The court further directed that respondent No. 10 shall forthwith delete the misleading statements printed on pages 47 and 50 of the prospectus issued by it. 4. The court also directed that respondent No. 12 shall not make misleading claim in regard to its leaving been recognised by the Medical Council of India/respondent No. 5 in the advertisements. 5. The court also directed that adequate publicity through the media shall be given by the Government (s) informing general public about respondent 10 to 16 and similar other institutes not being recognised and affiliated with any of the Councils under aforesaid Acts of 1956, 1970 and 1973. 6. The court also extended the operation of the order dated January 30,1997 as modified by the order dated March 12, 1997 for a period of six months from the date of the judgment.