Delhi HC slams Delhi Medical Council, says Public must know whether person calling self an MD is actually holding that degree or not

New Delhi: While considering a Public Interest Litigation (PIL) seeking time-bound verification of medical qualifications and educational certificates of all medical practitioners in Delhi, the High Court Division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna opined that the presence and control of the Delhi Medical Council (DMC) is not felt at the ground level and DMC needs to be more effective and pro-active.

Alleging that there is an "unchecked rise of quackery" in Delhi, the plea claimed that DMC and the National Medical Commission's failure to perform their statutory obligations to weed out fake or quack doctors is affecting the healthcare system in an adverse manner.

The plea stated that urgent intervention of the Court is required in view of the recent news reports published in print as well as electronic media highlighting the fake doctors' scam at a nursing home in Delhi, NCR, and the manner in which the regulatory body had been letting them off on repeated occasions, which eventually led to the death of the various victims.

While considering the matter, the bench issued notice to DMC, Delhi Government, Union Government and NMC. The matter has been listed for further hearing on January 24. Issuing notice on the PIL, the HC Division bench noted, "DMC has to be a little more effective. It is not having the desired impact."

Observing that the Medical Council is responsible for taking action against the corrupt practices and it should not just react based on complaints made to it, the HC bench orally told the counsel for DMC, "You need to be a little more efficient…your presence is not being felt at the ground level….You are not visible at the ground level. People and the society must have some confidence."

"You (DMC) must act on your own. You must have control of your own," added the bench. "We can only ensure that you get motivated and you perform better," the High Court further noted.

Also Read: Petition in HC demands time bound verification of qualifications, certificates of all Doctors with Delhi Medical Council

As per the latest media report by Live Law, the bench also noted that the DMC must ensure that its presence is felt and corrupt practices are tackled at the first instance. At this outset, the bench observed, "You don't have to wait for a complaint. Public at large must know that the person saying he is an MD is actually holding that degree or not."

"You also have to see that the degree of the doctor actually matches the practice he is doing. He may be having an MBBS degree but the practice might be different which cannot be allowed," noted Justice Pushkarna.

The PIL was moved by a 6-year-old boy, his mother, a class IV employee of NDMC and two other elderly persons. Medical Dialogues had earlier reported that the 6-year-old disabled child sustained a brain injury at the hands of doctors of a private hospital in Delhi where he received treatment in the Neonatal ICU soon after his birth. The damage has caused him cerebral palsy and epilepsy. He eventually acquired a rare medical condition called "West Syndrome" and has been rendered vegetative for life. Rest four petitioners are also victims of medical malpractice and some also have lost their loved ones due to the medical malpractice.

Approaching the HC bench, the petitioners alleged that DMC failed to perform its regulatory duties and as a result of this they sustained injuries. Alleging that there is an "unchecked rise of quackery" in Delhi, the plea further claimed that unscrupulous medical practitioners are operating with a "dangerous disregard" for established medical protocols. As a result of this, lives of unsuspecting patients are put at risk.

The PIL relied on various news reports to point out that DMC and NMC's failure to perform their statutory obligations to locate and eradicate fake or quack doctors has affected the healthcare system adversely.

The plea has been moved through Advocates Sachin Jain, Ajay Kumar Aggarwal and Sukrit Seth further seeking court direction to set up a High Powered Committee which may consist of Retd. Judges and independent reputed members of society monitor the process of verification, in order to ensure that the process of re-verification of doctors is done in a fair, ethical and transparent manner.

"Issue direction for an investigation into the functioning of Delhi Medical Council by some independent agencies like CBI, with regard to its alarming malpractice of granting fake registrations and shielding unqualified doctors," the plea stated.

Besides, the plea also sought direction on the authorities to make it mandatory for all the licensed doctors and clinical establishments to prominently display complete credentials of the medical practitioner at a conspicuous place of practise.

Apart from this, the PIL also sought direction on the authorities to efficaciously enforce the provisions of Section 27 and 31 of the NMC Act, 2019, and update the registration of all licensed medical practitioners in the Indian Medical Register or Natonal Register, without any delay.

During the hearing of the case on Friday, the counsel for DMC submitted that the plea was not filed with clean hands since the petitioners erroneously stated that no other pending litigation was filed by them against DMC.

Opposing this argument, the counsel for the petitioners submitted that the details of all the pending pleas were mentioned in the PIL. 

The Court granted four weeks' time to DMC, Delhi Government, Union of India and the National Medical Commission to file their replies in this regard. Further the Court ordered, "Rejoinder before the next date of hearing. List on January 24."

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