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2011 Supreme(Raj) 116

ARUN MISHRA, KAILASH CHANDRA JOSHI
Vijay Mehta – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
M. Mridul, Sr. Advocate A/w A.K. Choudhary, for Petitioner in C.W.P. No.3031/2007;
Ashok Changani, for Petitioner in C.W.P. No. 2991/2007;
R.S. Saluja, V.K. Mathur, Y.P. Khileree, J.P. Joshi, Sr. Adv., A/w Tarun Joshi, for Respondents

Judgement Key Points

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

  1. The regulation mandates that all medical practitioners are required to prescribe medicines using their generic names as far as possible, with exceptions only for specific categories such as combination drugs and life-saving drugs (!) (!) (!) .

  2. Prescribing medicines by brand names or obtaining declarations from patients that they do not want medicines prescribed in generic names is considered a breach of professional ethics and the regulations framed by the Medical Council of India (!) (!) (!) .

  3. The practice of doctors obtaining declarations from patients to avoid prescribing generic medicines is unethical and amounts to a violation of the professional conduct standards. Such actions can lead to disciplinary proceedings against the practitioners (!) (!) .

  4. The regulations emphasize that prescribing medicines in generic names is essential for cost-effective healthcare and ensuring medicines are affordable for the public, especially those below the poverty line (!) (!) .

  5. The decision of the Medical Council of India, supported by the State Government, is that doctors should prescribe medicines in generic names, including for combination and life-saving drugs, with the only exceptions being explicitly allowed by the Council’s considered opinion (!) (!) .

  6. The practice of prescribing brand names for commercial reasons, and the unholy link between doctors and pharmaceutical companies, is discouraged and considered unethical, with a call for stern disciplinary action against violators (!) (!) .

  7. The regulations and directives are binding on all medical practitioners, whether working in government or private sectors, and compliance is mandatory to uphold the standards of the medical profession (!) .

  8. The authorities are directed to ensure strict adherence to these regulations and ethical standards, and any attempts to circumvent prescribed norms, such as obtaining declarations or prescribing in brand names unnecessarily, should be dealt with sternly (!) (!) .

  9. The overall goal is to promote rational prescribing practices that prioritize patient welfare, affordability, and ethical conduct, and to eliminate practices that compromise these principles (!) (!) .

  10. The directions issued by the Medical Council of India and the State Government are to be followed strictly, and efforts should be made to further expand the list of generic medicines prescribed, with the understanding that non-compliance can result in disciplinary action (!) .

These points reflect the core legal and ethical principles related to the prescription of medicines, emphasizing the importance of adhering to prescribed regulations to maintain professional integrity and public health interests.


Hon'ble MISHRA, CJ.—Heard finally with the consent of learned counsel appearing for the parties.

2. C.W.P. No.3031/2007 has been filed by Mr. Vijay Mehta in which prayer has been made to direct the State of Rajasthan to ensure that he doctors pres-cribe medicines in their generic name and the doctors who fail to do so be appropriately dealt with by the Indian Medical Council and Rajasthan Medical Council. The Council be directed to take stern action against those doctors who act contrary to the provisions of the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulation, 2002. Other prayers made in the writ application have not been pressed as such they are not being referred.

3. The petitioner is District President of All India Trade Union Congress. The writ application has been filed considering high rocketing unreasonable price of medicines. The medicines are becoming beyond the reach of the people living below the poverty line. The medicines are not available at reasonable cost. The medicines are not being prescribed by their generic name but by their brand names whereas the doctors cannot do so. They are bound by the Regulations framed by the Medical Council of











































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