Orissa High Court Orders Survey To Identify Fake Medical Practitioners

The Division Bench of Chief Justice Dr. S. Muralidhar and Dr. Justice Sanjeeb Kumar Panigrahi ordered,

"A direction is issued to the Addl. Chief Secretary to Government, Health and Family Welfare Department, to come up with a comprehensive plan under which a survey will be undertaken to ascertain that every allopathic doctor practising in Odisha possesses the proper and relevant qualification. Such a survey should be undertaken in a time bound manner and be concluded preferably within a period of six months."

The Court, at the outset, took into account an affidavit filed on 18.10.2022 by the Deputy Secretary to Government, Health and Family Welfare Department. It noted that the affidavit contains action taken in one singular case of appointment of a doctor without proper degree certificate. However, it observed that the disciplinary enquiry in that cases is yet to be concluded. Hence, it directed the authorities to conclude the said enquiry within a period of three months.

Further, the counsel for the petitioner placed before the Court a shocking revelation made by a survey which was conducted by the World Bank, where it found that merely 51% of the doctors possess valid qualifications to pursue medical practice.

Thus, the Bench held that action taken in a single case cannot be considered adequate and accordingly, directed the Addl. Chief Secretary to the Government of Odisha, H&FW Dept. to undertake a survey to ascertain the valid qualifications of doctors practising allopathic.

It has directed the Government to file an affidavit latest by 20^th January 2023, setting out the modalities of verification, the time period within which the verification will be concluded and the consequential action if any person was found practising without due qualification. It was directed to coordinate with the Medical Council of India.

The matter is listed for next hearing on 27^th January 2023.

Case Title: Odisha State Legal Services Authority v. State of Odisha & Ors.

Case No.: W.P.(C) No. 22970 of 2019

Order Dated: 21^st December 2022

Coram: Dr. S. Muralidhar, CJ. & Dr. S.K. Panigrahi, J.

Counsel for the Petitioner: Mr. Anupam Dash, Advocate

Counsel for the State: Mr. Ishwar Mohanty, Additional Government Advocate