Plea In Kerala High Court Seeks To Prevent 'Fake Doctors' By Establishing Centralized Portal For Verification, Conducting Inspections

Justice V G Arun has posted the matter to November 25 for instructions.

The Petitioner, General Practitioners Association is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act. The Petitioner Society consists of registered medical practitioners working to uphold the dignity of the medical profession, particularly in general medical practice, and to safeguard the interests of its members while promoting cooperation among them.

The Petitioner Society submitted that there is an increasing rise in the number of fake doctors practising without valid medical qualifications or licenses, causing numerous cases of medical malpractice, negligence and fatalities.

The plea stated that even after complaints were filed regarding the rising number of fake medical practitioners, the number of FIRs being filed is low in comparison to the number of complaints being filed.

It is also alleged that many individuals without a valid medical degree or returnees from foreign universities who do not pass the Foreign Medical Graduate Examination conducted by the National Board of Examinations practise in clinics or set up their own clinics.

It is stated that inaction from the government to implement an effective mechanism to check the registration of doctors is violative of Article 21 of the Constitution, which guarantees the right to health as inherent to the right to live with dignity.

The Petitioner Society has also submitted representations before the Chief Minster, Department of Health and Family Welfare, Kerala State Medical Council for addressing the issue of fake medical practitioners in the State.

“The cardinal issue pointed out in all these representations are regarding the use of registration number belonging to another medical practitioner for the purpose of appointments in hospitals or clinics, the inefficient functioning of State Medical Council, absence of a centralized portal to verify the registration of medical practitioners and most importantly the almost inexistent inspection of clinical establishments which has resulted in the voluminous increase of fake doctors across the state.”

The Petitioner Society thus seeks direction to the Department of Health and Family Welfare, Kerala State Medical Council to establish a centralized portal on the Kerala State Medical Council's website to facilitate easy verification of registered medical practitioners for citizens. It is stated that citizens have a right to verify the credentials and merits of the doctor examining them.

The petitioner also seeks direction to conduct inspections in clinical establishments throughout the State to prevent the practice of fake medical practitioners.

The petition also calls for interim relief regarding the steps taken to address the issue of the increasing number of fake medical practitioners in the State.

The plea has been moved by Advocates Akhil Vinayan and Prasanth Tom

Case Number: WP(C) 37655/2024

Case Title: General Practitioners Association, Represented By Its General Secretary v State of Kerala & Ors