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 Case Digest

Bengal Medical Act, 1914
Medical practitioners
Medical practitioners
- Appellants had completed the diploma course of Community Medical Service in duly recognized institutions in the State of West Bengal and were posted in different parts of the State by the Government of West Bengal -- amendment by notification -- single judge of High Court held Diploma Holders will not have the right to private practice and entry in the register is only for the right to prescribe medicines and issue certificates -- Division Bench of High Court relying on A.K. Sabhapathy vs. State of Kerala found that 'a person can practice in allopathic system of medicine in a state or in the country only if he possesses a recognized medical qualification' and since the appellants doesn't possesses the required qualification, it was held that their names could not be included in the Medical Register -- appeal by special leave seeking relief of protection of their 'consequential rights to treat' such as iss uing prescriptions or sickness or death certificates -- whether the Appellants, who are having the right to treat could issue prescription or sickness or death certificates? -- held once the right to treat is recognized, then the right to prescribe medicine or issue necessary certificate flows from it -- the order of the Division Bench is set aside and that of the learned Single Judge is restored -- appeal allowed.
Supreme Court of India, Civil Appeal No. 152 of 1994, Subhashis Bakshi & Ors. Appellants versus West Bengal Medical Council & Ors. Respondents decided on 2/14/2003


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