Orissa HC Orders Survey to Identify Fake Medical Practitioners

Highlights:

• In India, there are large number of doctors who do not possess qualification to practice allopathy medicine.
• The high court in Orissa has ordered the state govt. to conduct a time-bound survey to identify such non-qualified practitioners.
• This was done after a petition was filed in High Court.

The counsel for the petitioner placed before the court a shocking revelation made by a survey which was conducted by the World Bank, where it found that merely 51% of the doctors possess valid qualification to pursue medical practice.// This means that the other 49% are not qualified and are quacks. The court, at the outset, took into account an affidavit filed on October 18,2022 by the Deputy Secretary to Government of Odisha, Health and Family Welfare Department. It noted that the affidavit contains action taken in one singular case of appointment of a doctor without proper degree certificate. However, it observed that the disciplinary enquiry in that cases is yet to be concluded. Hence, it directed authorities to conclude the said enquiry within a period of three months.

The Court’s Ruling to wean out Quacks Practicing Medicine

The Division Bench of Chief Justice Dr. S. Muralidhar and Dr. Justice Sanjeeb Kumar Panigrahi ordered the following:

The Court notes with concern that in a survey conducted by the World Bank it was noticed that at least 51% of the medical practitioners do not possess valid qualifications. The Court is of the view that, in light of the above report, the action taken only in respect of one case can hardly be termed as adequate.

Accordingly, a direction is issued to the Additional Chief Secretary to Government, Health and Family Welfare Department, to come up with a comprehensive plan under which a survey will be undertaken to ascertain that every allopathic doctor practicing in Odisha possesses the proper and relevant qualification. Such a survey should be undertaken in a time bound manner and be concluded preferably within a period of six months. An affidavit be filed in this Court by the Additional Chief Secretary to Government, Health and Family Welfare Department, at least one week prior to the next date, setting out the modalities of verification, the time period within which the verification will be concluded and the consequential action if it is found that a person was practicing without due qualification. The steps will be taken in coordination with the Medical Council of India.

References:

1. Live Law- https://www.livelaw.in/news-updates/orissa-high-court-allopathic-doctors- qualification-survey-217430
2. Medical Dialogues- https://medicaldialogues.in/news/health/doctors/all-allopathy-doctors-should-have-proper-qualifications-odisha-hc-directs-state-to-devise-plan-for- identifying-fake-doctors-104555

Source-Medindia