In a letter written to Principal Secretary,
Government of Delhi dated 19.06.2013, Delhi Medical Council has totally
rejected the Ministry of Health, Government of India proposal to amend the
Delhi Medical Council Act and allow registration of Ayush doctors in DMC so
that they can start limited allopathy practice.
Tamil Nadu Medical Council and Punjab Medical
Council have also similarly rejected this proposal and written to the Ministry
of Health as well as Medical Council of India. Tamil Nadu Medical Council has
even gone to the court in this regard.
Delhi Medical Council says that the provisions
of Medical Council of India as well as Delhi Medical Council Act cannot permit
doctors from other systems of medicines to register with State Medical Council.
The Council also cited two judgments - one is Punam Verma vs Ashwin Patel
and other one is Dr. Mukhtar Chand & Ors vs State of Punjab. In clarifying
its position, the Council said that the aforesaid proposal is in violation of
the legal provisions clarified or laid down by the Supreme Court of India in
Dr. Mukhtar Chand judgment. In Punam Verma case also, the Supreme Court of
India said that the person who does not have knowledge of a particular system
of medicine and practices in that is quack.
The Council also cited Supreme Court of India
judgment in Martin S D’Souza Vs Ishfar where it was held that
professional may be held liable for negligence under ground that he was not
possessing the requisite skill.
