SANJIB DAS Vs. STATE OF W.B.

JUDGEMENT

(1.) Whether a person having obtained a degree/certificate/diploma to practice alternative medicines can prefix 'Dr.' or 'Doctor' or any other such prefix to their names, falls for consideration in this writ petition. Petitioner alleges that the respondent Nos. 14 and 15 are representing themselves as doctors/medical practitioners by using a prefix 'Dr.' before their names. Petitioner has relied upon various prescriptions issued by the respondent Nos. 14 and 15. Petitioner says that neither respondent Nos. 14 nor 15 possess an M.B.B.S. degree or the basic minimum degree for them to describe themselves as doctors. Petitioner has made a representation to the Indian Medical Association on 3rd November, 2007.

(2.) The Indian Medical Association forwarded the petitioner's complaint to the Commissioner of Police Kolkata to take necessary action. According to the petitioner, another body of medical practitioners namely I.M.A. academy of medical specialties also requested the Commissioner of Police Kolkata to take action. Petitioner claims that the Police Authorities did not take any action. Petitioner made representations to various authorities which did not evoke a favourable reply. In such circumstances, the petitioner has approached this Hon'ble Court for seeking direction on the State respondents to initiate enquiry on the basis of Memo No HAD/6 R-37-2001/Pt-1/A 1573/1 dated 14th March, 2008 and a further order seeking the State respondent to ensure that the respondent Nos. 14 and 15 are restrained from representing themselves as doctors and /or from practicing as medical practitioners without possessing requisite qualification.

(3.) By an order dated 21st November, 2008, the Indian Board of Alternative Medicines was added as respondent No. 16. By an order dated 12th March, 2010 leave was granted to prosecute the petition in a representative capacity against the respondent Nos. 14 and 15 as representing all the persons who have been conferred the degrees/diplomas/certificates of registration by the Indian Board of Alternative Medicines Kolkata. Direction for affidavits has been issued from time to time. Affidavits have been filed by the respondent Nos. 11,15 and 16. Advertisements have been published pursuant to the order dated 12th March, 2010. Affidavits have been filed by a member of the public seeking to support the system of alternative medicines and seeking to support the use of prefix Dr. before the name of practitioner on alternative medicine. Suman Motilal Shah claims to be a registered practitioner having diploma in magnet therapy under the Indian Board of Alternative Medicines has filed an affidavit opposing the grant of reliefs. Mr. Partha Mukherjee has filed a similar affidavit. An application for addition of party has been made on behalf of Suresh Chandra Majumder who states that several institutions enumerated in paragraph 6 to his application are issuing degrees/ diplomas/certificates and that candidates of such institutions are using the prefix doctor or Dr. and that they are not entitled to. Suresh Chandra Majumder seeks to support the petitioner. The institutions named in paragraph 6 to the application of Suresh Chandra Majumder who are added as respondents to the Writ Petition as respondent Nos. 17 to 21. The respondent No. 21 has used an affidavit opposing the writ petition.