Calcutta High Court Restrains Man Registered With 'Alternate Medical Council' From Using Prefix ‘Doctor’, Orders Probe

The Calcutta High Court recently restrained an individual registered with the “Alternate Medical Council, Kolkata” from using the prefix ‘Doctor’ and directed the West Bengal Medical Council to investigate into issues concerning illegal and unauthorised handing out certificates of ‘registered medical practitioners’.

In holding that no individual could be certified as a ‘registered medical practitioner’ outside the rules as prescribed by the Indian Medical Council, a division-bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya held:

“The petitioner has flagged an important issue which directly impacts the general public…the allegation is against the 8th respondent who portrays himself as a doctor and uses the prefix “Dr” before his name, and is carrying out medical practise. In terms of earlier decisions of this Court, a person who does not possess the requisite qualification in terms of the Indian Medical Council Act, 1956, and whose name does not appear in the register of medical practitioner as contemplated in the aforesaid act, is not entitled to use the prefix doctor, or ‘Dr.’

Admittedly, the petitioner does not possess any medical degree from any recognised medical institution, but would refer to a certificate issued by the Alternate Medical Council, stating that he is registered as per the bye-laws of Bowbazar Society for Alternate Medicine as a registered medical practitioner in an [alternate] system of medicine. The institute of alternate medical sciences cannot award a degree or certificate recognising anyone as an RMP. Therefore, action to be taken against the [aforesaid] institute… The certificate clearly shows that it is a bogus institution, and on the basis of this certificate, the respondent cannot practise medicine in any form.”

It was argued by the petitioners that the 8^th respondent was not a registered practitioner, but yet, continued to use the prefix Doctor, and carry out the role of a medical practitioner. It was submitted by the petitioners that as per the earlier directions of the Court, they had written to the Indian Medical Council, which wrote back clarifying that the respondent was not registered as a medical practitioner with them.

The petitioners submitted that they had flagged such issues in an earlier writ petition, wherein a division-bench of the Calcutta HC had ruled that those who were not qualified under the IMC Act, or registered as medical practitioners with the West Bengal Medical Council, would not be able to practise medicine, or use the prefix Doctor, or Dr.

Advocate General S.N. Mookherjee for the State submitted that criminal complaints had been lodged against the 8^th respondent, and that enquiries were ongoing. However, he also stated, that there may be avenues through which those specialising in alternate medicine could attain the status of medical practitioners, even though the State could not register them as such.

The Court, however, was of a different opinion, and held that any individual who was not registered with the Indian or State Medical Council, could not, in any circumstances, be called a registered medical practitioner. The Bench orally remarked:

What is an alternate medical council? This is a bogus organisation…how they can say that he is a RMP for alternate medicine? He can’t be a registered medical practitioner. He can get his qualification from any institute, but he has to get is registration from the State…[if State can’t register] matter is over. He has to be registered with State if he wants to practise medicine. Allopathic or AYUSH.”

With these observations, the 8^th respondent was restrained from using the prefix ‘doctor’, and the West Bengal Medical Council was directed to probe into such incidents in order to ensure that the general public was not cheated. The Court concluded:

“The alternate medical council cannot award a degree or certificate recognising anyone as an RMP. Therefore, action to be taken against the [aforesaid] institute. Concerned police shall effectively affect the investigation and if the 8^th respondent continues to use the prefix doctor, then immediate action be taken, including taking him into custody. The WB Medical Council is directed to immediately probe into the matter to check how the impugned Council is carrying out its activities and how they are entitled to use the certificate. The probe should be done in effective manner and once it is ascertained that the institute cannot issue any such certificate, WBMC shall take action to close it and give wide publicity of the same so that general public are not cheated…with the above observations, writ petition is disposed of.”

Coram: Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya

Case: Dhirarastra Dutta Vs State of West Bengal and Ors. WPA(P)/21/2023

Citation: 2023 LiveLaw (Cal) 188