Delhi High Court: Vibhu Bhakru, J. though conscious of the fact that the petitioners would face hardship, held that the petitioners who hold the degree of Medical Degree (Clinical) in General Internal Medicine from the University of Buckingham were not qualified to register and practice as specialists in India.
The batch of writ petitions was filed by doctors whose registration for the said degree under Section 26(1) of the Indian Medical Council Act, 1956 as additional qualification was entered in the Indian Medical Register. However, subsequently, the registration was cancelled by the Medical Council of India on the ground that the said degree was not recognised.
The High Court observed: “It is clear from the plain language of Section 26(1) of the IMC Act that only ‘a recognised medical qualification’ can be entered in the Indian Medical Register against the name of the medical practitioner. Clearly, a qualification which is not a recognised medical qualification cannot be entered in the Indian Medical Register.” In such circumstances, it was held that the decision of the MCI could not be faulted with.
Furthermore, petitioners’ contention that MCI was not estopped from revoking the registration already granted from denying the registration of an additional qualification was found unmerited. it was held that there is no estoppel against a statute and an error committed by MCI could not be allowed to be perpetrated.
Observing that the petitioners ought to have been aware that the said degree did not entitle a medical practitioner to practice as a specialist in that field in the UK and therefore, would not entitle them to practice as such in India, the High Court dismissed the writ petitions.[Ojasvi Sharma v. Union of India, 2019 SCC OnLine Del 9372, decided on 23-07-2019]
