MEDICAL COUNCIL OF INDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the appellant-Medical Council of India as well as learned counsel for the first respondent. The second respondent 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 practise as registered medical practitioner Admittedly, the second respondent 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 Judge in Civil W.P. No. 1169/81 by an order dated Februrary 3, 1992 allowed the writ petition and directed the appellant to enroll him as Medical Practitioner 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.

(3.) Section 2(f) of the Indian Medical Council Act, 1956 (for short, 'the Act') defines "Medicine means modern 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 register maintained by the Council. Though M.S.C. (Bio-Chemistry) is included in the Schedule, but unless the second respondent has qualified himself in Medicine, 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 medical qualifications included in the Schedule shall be sufficient qualification for enrolment on any State Medical Register. Section 26 postulates thus: