From the desk of Dr KK Aggarwal National President, IMA Generic drugs prescription The current Read more →
Sri Hira Lal Singh Kushwaha, learned counsel for the petitioner submitted with vehemence that in the present case petitioner is fully entitled to practice even “Modern medicines” as he has knowledge and training of general use of allopathic medicine which is included in the course of B.A.M.S. Degree and there being dearth of Doctors in the State of U.P., such permission should be accorded specially keeping in view the provision of Rule of the Durgs and Cosmetics Rules, 1945 as well as the provisions of Section 17 (3) (b) of the Indian Medicine Central Council Act, 1970 which gives privilege to the practitioners of Indian System of Medicine to practice alongwith “Indian medicine” any system of medicine and accordingly writ petition deserves to be allowed.
Countering the said submission Sri J.K.Tiwari, learned Standing counsel submitted that petitioner is entitled to practice in the Indian System of Medicine Branch comprising of Ashtang Ayurveda, Sidha the qualification recognized under the Indian Medicine Central Council Act, 1970 and is not at all entitled to practice in Allopathy medicine which is provided for under the Indian Medical Council Act, 1956, as such writ petition deserves to be
In order to examine the issue as has been sought to be raised by the petitioner before this Court, this Court proceeds to take note of statutory provision which governs the field of “Modern Medicines” as well as “Indian Medicines”, as well as the relevant provisions of Drugs and Cosmetics Rules , 1945.
To start with the provision as contained under the Drugs and Cosmetics Rules, 1945, Section 2(ee) being relevant is reproduced below:
“Registered medical practitioner” means a person__
(i) Holding a qualification granted by an authority specified or notified under Section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), or specified In the Schedules to the Indian Medical Council Act, 1956 (102 of 1956); or
(ii) Registered or eligible for registration in a medical register of a State meant for the registration of persons practicing the modern scientific system of medicine 3 [excluding the Homoeopathic system of medicine] ; or
(iii) Registered in a medical register, 3 other than a register for the registration of Homoeopathic practitioner, of a State, who although not falling within sub-clause (i) or sub-clause (ii) declared by a general or special order made by the State Government in this behalf as a person practising the modern scientific system of medicine for the purposes of this Act;
(iv) Registered or eligible for registration in the register of dentists for a State under the Dentists Act, 1948 (16 of 1948); or who is engaged in the practice of veterinary medicine and who possesses qualification approved by the State Government] ” The Indian Medical Council Act, 1956 holding the field Modern medicine (Allopathic) has been promulgated with an object for reconstitution of Medical Council of India and the maintenance of Medical Register of
India. Section 2 of the Act deals with definition and Sub-Sections (d), (f),
(h) and (k) being relevant are being reproduced below:
“(d) “Indian Medical Register” means the medical register maintained by the Council.
(f) “medicine” means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery .
(h) recognised medical qualification” means any of the medical qualifications included in the Schedules.
(k) State Medical Register” means a register maintained under any law for the time being in force in any state regulating the registration of practitioners of medicine.”.
Section 11 of this Act provides that the medical qualifications granted by any University or Medical Institution in India which are included in the First Schedule shall be recognised medical qualifications for the purposes of this Act. The First Schedule enumerates the recognised medical qualifications granted by Universities or Medical institutions in India. Section 15(1) provides 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 15(2)(b) provides that save as provided in Section 25 no person other than a medical practitioner enrolled on a State Medical Register, shall practise medicine in any State.
Section 15(3) lays down that any person who acts in contravention of any provision of Sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. The Indian Medicine Central Council Act. 1970 was enacted by the Parliament and was published on 21-12-1970. Its preamble shows that it is an Act to provide for the Constitution of a Central Council of Indian Medicine and the maintenance of a Central Register of Indian Medicine and for matters connected therewith. Section 2(1) of this Act gives the definition clause and Clauses (b), (c), (d), (e), (j) and (h) of Section 2(1) read as
“(b) “Board” means a Board, Council, Examining Body or Faculty of Indian Medicine (by whatever name called) constituted by the State Government under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of, Indian medicine;
(c) “Central Council” means the Central Council of Indian Medicine constituted under section 3;
(d) “Central Register of Indian Medicine” means the register maintained by the Central Council under this Act.
(e) “Indian Medicine” means the system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time.
‘(ea) “medical college” means a college of Indian medicine, whether known as such or by any other name, in which a person may undergo a course of study or training including any post-graduate course of study or training which will qualify him for the award of a recognized medical qualification;’.
(f) “medical institution” means any institution within or without India, which grants degrees, diploma or licenses in Indian medicine.
( g) “prescribed” means prescribed by regulation;
(h) “recognised medical qualification” means any of the medical qualifications, including Post-graduate medical qualification, of Indian medicine included in the Second, Third or Fourth Schedule;
(i) “regulation” means a regulation made under section 36;
(j) “State Register of Indian Medicine” means a register or registers maintained under any law for the time being in force in any State regulating the registration of practitioners of Indian Medicine;“