SUBHASHIS BAKSHI Vs. WEST BENGAL MEDICAL COUNCIL

JUDGEMENT

(1.) "Thou shall not prescribe, but treat". Does this commandment stand the test of legal scrutiny This is the stark and simple question to be decided in this case.

(2.) Thelong-winded facts of this case read as follows : That about 337 persons, including the appellants had completed the diploma course of Community Medical Service in duly recognized institutions in the State of West Bengal and were posted in different parts of the State by the Government of West Bengal. On October 15, 1980 vide Notification No. Health/MA/7076/5M-5/80 the Government of West Bengal made an amendment in the Statute of the State Medical Faculty by introducing Article 6-F under Part B, which reads verbatim as under :

(3.) On 23-6-1987, the Government of West Bengal issued a Corrigendum and the Diploma that was earlier known as Diploma in Medicine for Community Physicians was rechristened as Diploma in Community Medical Service. Apprehending that the re-naming would have a detrimental effect on their rights, the appellants filed W.P. No. 7052/89 in the Calcutta High Court. The said Writ Petition was disposed of by the learned single Judge on the assurance given by the Government Pleader that the State was willing to award the Diploma in Community Medical Service to the successful candidates. It was also assured by the State, in the said petition that it would provide jobs to such candidates in accordance with the stated policy of the Government. The learned single Judge of the High Court made it clear that the Diploma holders will not have the right to private practice and that part of the order was not challenged by the appellants at all and entry in the register is only for the right to prescribe medicines and issue certificates.