MANOJ UPADHYAY Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) THE petitioners who are local residents of Gwalior have filed this writ petition as a Public Interest Litigation. They have stated that Regulation 6. 1 of the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 (for short 'the Regulations, 2002 (forshort 'the Regulations of 2002') prohibits doctors who have been registered as Medical Practitioners, from advertising their names in large sign-boards or hoardings, but in the entire State of Madhya Pradesh, doctors and Nursing Homes owned by doctors have put up big sign boards and hoardings so as to attract patients for treatment. The petitioners have prayed that a direction be issued to the respondents 1 and 2 to constitute a permanent committee to keep vigil on the soliciting and infamous acts of the medical practitioners and to frame a policy through which the doctors at large may be made aware of the Regulations of 2002. Various other reliefs have been claimed in the writ petition for the purpose of ensuring that doctors desist from such acts of self-advertisement and unethical conduct in future.

(2.) AFTER hearing the learned counsel for the parties, we find that the Medical Council of India with the previous approval of the central Government has made the Regulations of 2002 under Section 20a read with section 33 (m) of the Indian Medical Council act, 1956 (for short 'the Act of 1956' ). Chapter 6 of the Regulations of 2002 is titled as 'unethical Acts'. Regulation 6. 1 in Chapter 6 deals with advertising Sub-regulations 6. 1. 1 and 6. 1. 2 of Chapter 6 of the Regulations of 2002 are quoted herein below : 6. 1. 1 Soliciting the patients directly or indirectly, by a physician, by a group of physicians or by institutions or organisations is unethical. A physician shall not make use of him/her (or his/her name) as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, achievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandisement. A physician shall not give to any person, whether for compensation or otherwise, any approval, recommendation, endorsement certificate, report or statement with respect of any drug, medicine, nostrum remedy, surgical, or therapeutic article, apparatus or appliance or any commercial product or article with respect of any property, quality or use thereof or any test, demonstration or trial thereof, for use in connection with his name, signature, or photograph in any form or manner of advertising through any mode nor shall he boast of cases, operations, cures or remedies or permit the publication of report thereof through any mode. A medical practitioner is however permitted to make a formal announcement in press regarding the follows :

(3.) IT is clear from sub-regulation 6. 1. 1, quoted above, that a physician is prohibited from making use of him/her as subject of any form or manner of advertising or publicity through any mode either alone or in conjunction with others which is of such a character as to invite attention to him or to his professional position, skill, qualification, adhievements, attainments, specialities, appointments, associations, affiliations or honours and/or of such character as would ordinarily result in his self aggrandisement. In sub-regulation 6. 1. 2, quoted above, it is further provided that printing of self photograph, or any such material of publicity in the letter head or on sign board of the consulting room or any such clinical establishment shall be regarded as acts of self advertisement and an unethical conduct.