Unqualified doctors have no right to practice: SC

The Supreme Court has held that unqualified medical practitioners cannot be allowed to play with the lives of the people and restrictions imposed on such practice cannot be termed as illegal or unconstitutional.

The Supreme Court has held that unqualified medical practitioners cannot be allowed to play with the lives of the people and restrictions imposed on such practice cannot be termed as illegal or unconstitutional.

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"The Court has a duty to strike a balance between the right of a vaidya (Ayurvedic doctor) to practice,particularly, when he does not possess the requisite qualification and the right of a 'little Indian' (common man) guaranteed under Article 21 of the Constitution which includes the protection and safeguarding the health and life of a public at large from mal-medical treatment.

"An unqualified, unregistered and unauthorized medical practitioner possessing no valid qualification, degree or diploma cannot be permitted to exploit the poor Indians on the basis of a certificate granted by an institution without any enrolment of students or imparting any education or having any affiliation or recognition and that too without knowing the basic qualification of the candidates," a bench of Justices B S Chauhan and Swatanter Kumar said in a judgement.

The apex court delivered its verdict while dealing with a batch of cross appeals filed by certain Ayurvedic doctors who obtained their degrees/diplomas from the Hindi Sahitya Sammelan and the Centre which sought to restrain them from practising as it not a recognised institute.

"Hindi Sahitya Sammelan itself admitted that the Society was not imparting any education. It had no affiliated colleges. It merely conducts the test," the apex court said.

The bench pointed out that the Hindi Sahitya Sammelan is neither a university/deemed university nor an educational board.

"It is a society registered under the Societies Registration Act It is not an educational institution imparting education in any subject inasmuch as the Ayurveda or any other branch of medical field," it said rejecting the plea of those who obtained the so-called degrees after 1967 to practice Ayurveda.