MEDICAL COUNCIL OF INDIA AND ANR.versusTHE STATE OF RAJASTHAN AND ANR.

                                                                                     \   '\



A                  MEDICAL COUNCIL OF INDIA AND ANR.
                                          v.                                                  ~·
                    THE STATE OF RAJASTHAN AND ANR.
                                                                                               '
                                JANUARY 15, 1996

B                [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]


          Indian Medical Council Act, 1956 :

           Sections 2(d), 2({), 15( I}, 26-Medical Practitioner-State Medical Reg-
C   ister maintained by the State Board-Entering ofname-Pre-condition--Basic
    qualification M.B.B.S.-M.Sc. (Bio-chemistry) cannot be considered to be a
    basic qual{fication for practising as a Medical Practitioner.

          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2551of1996.

D         From the Judgment and Order dated 15.2.95 of the Rajasthan High
    Court in D.B.C.S.A. No. 179 of 1995.                                                 ...
          Vikas Singh and L.R. Singh for the Appellants.

          H.G.R. Khattar and K.S. Bhati for the Respondents.
E
          The following Order of the Court was delivered :

          Leave granted.

F          We have heard learned counsel for the appellant - Medical Council of
    India as well as learned counsel for the first respondent. The second respond-
    ent has been avoiding service of notice and, therefore, we had passed an order
    on January 8, 1996 that the notice must be deemed to have been served on
    him. The only question is : whether the second respondent is entitled to
    practice as registered medical practitioner? Admittedly, the second respondent
G   has done his M.Sc. (Medical Bio-Chemistry). He joined as Demonstrator and
    thereafter became professor in the Department of Bio-Chemistry. He, on
    31.7.73, sought to have his name registered with the State Medical Register.
    When he was not allowed to practise Medicine on the basis of the above
    qualifications, he filed a writ petition in the High Court. The learned single
H
                                         488
I                      MEDICAL COUNCIL OF INDIA v. STATE                         489
    Judge in Civil W.P. No.Il69/81 by an order dated February 3. 1992 allowed            A
    the writ petition and directed the appellant to enroll him as Medical Practi-
    tioner on the State Medical Register. An appeal filed against the said order in
    Special Appeal No. 179/1995 was dismissed vide order dated February 15,
    1995 by the Division Bench of the High Court. Thus, this appeal by special
    leave.                                                                               B
           Section 2(f) of the Indian Medical Council Act. 1956 (for short, 'the
    Act') defines "Medicine" means modem scientific medicine in all its branches
    and includes surgery and obstetrics, but does not include veterinary medicine
    and surgery. Section 2(h) defines "Recognised Medical Qualification" to
    mean any of the medical qualifications included in the Schedule and                  c
    Section 2(d) defines "Indian Medical Register" to mean medical register
    maintained by the Council. Though M.Sc. (Bio-Chemistry) is included in the
    Schedule, but unless the second respondent has qualified himself in Medi-
    cine, he is not eligible to be registered as Medical practitioner. Section 15(1)
    of the Act says that subject to the other provisions contained in this Act, the      D
    medical qualifications included in the Schedule shall be sufficient qualifica-
    tion for enrolment on any State Medical Register. Section 26 postulates
    thus :

             "26. Registration of additional qualification. (i) If any person whose      E
             name is entered in the Indian Medical Register obtains any title
             diploma or other qualification. for proficiency in sanitary science,
             public health or medicine which is a recognised medical qualifi-
             cation, he shall, on application made in this behalf in the prescribed
             manner be entitled to have an entry stating. such other title, diploma
                                                                                         F
             or other qualification made against his name in the Indian Medical
             Register either in substitution for or in addition to any entry
             previously made.

             (2) The entries in respect of any such person in a State Medical
             Register shall be altered in accordance with the alterations made in        G
             the Indian Medical Register."

           It would thus be clear that the basic qualification ofM.B.B.S. as primary
    qualification is a pre-condition for a candidate for being registered in the State
    Medical Register maintained by the State Board. The second respondent does           H
                                                                                       \
    490                      SUPREME COURT REPORTS                  [ 1996] I S.C.R.
A   not have the basic qualification, his M. Sc. (Bio-Chemistry) cannot be
    considered to be a basic qualification for practising as a Medical Practitioner.
    The High Court has thus committed obvious error in allowing the writ petition
    and directing the appellant to register him as a Medical Practitioner.

           The appeal is accordingly allowed. No costs.

    G.N.                                                          Appeal allowed.



                                                                                       .




                                                                                           )