In a recent decision handed down by the Delhi High Court on October 19, 2023, it was clarified that the removal of a doctor's name from the rolls of the Medical Council of India's (MCI) register is not the only punishment for issuing an improper medical certificate. The case revolved around a challenge brought against two doctors, Dr. Arati Lalchandani and Dr. Ravi Kumar, who had issued a certificate without examining the patient.
Brief Facts of the Case:
The petitioner in this case was Dr. Neena Raizada, who herself was a medical doctor. Dr. Raizada filed a complaint with the Uttar Pradesh State Medical Council alleging misconduct by two doctors, Dr. Arati Lalchandani and Dr. Ravi Kumar. These two doctors were accused of issuing a medical certificate dated 09.07.2014 without examining the petitioner. The certificate in question was issued on the official letterhead of the Indian Medical Association (IMA), Kanpur.
The Uttar Pradesh State Medical Council warned Dr. Lalchandani and Dr. Kumar not to issue medical certificates or opinions without personally examining the patients. Dissatisfied with this decision, Dr. Neena Raizada, the complainant, appealed to the Medical Council of India.
The Medical Council of India, after examining the case and hearing both the petitioner and the accused doctors, observed that the actions of Dr. Lalchandani and Dr. Kumar constituted professional misconduct. The Council relied on Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002. Regulation 7.7 stipulates that any registered medical practitioner who issues an untrue, misleading, or improper certificate is "liable" to have their name removed from the Register.
Contentions of the Parties:
Dr. Neena Raizada contended that Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, did not allow for any punishment other than the removal of a doctor's name from the Medical Council's register. She argued that the only prescribed penalty for issuing an improper certificate, as per Regulation 7.7, was the removal of the doctor's name from the Register.
The respondents, Dr. Arati Lalchandani and Dr. Ravi Kumar, maintained that the Medical Council had the authority to award any punishment it deemed necessary in cases of professional misconduct. They referred to Regulation 8.2 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, which provided that the Medical Council could impose penalties for professional misconduct, including the removal of a practitioner's name from the Register. The respondents argued that the penalty prescribed in Regulation 7.7 was not the sole option for disciplinary action, and Regulation 8.2 gave the Medical Council the discretion to determine the appropriate punishment.
Observations by the Court:
Justice Subramonium Prasad interpreted Regulations 7.7 and 8.2 of the Indian Medical Council's regulations. Regulation 8.2 provides that if a medical practitioner is found guilty of professional misconduct, the appropriate Medical Council may award any punishment deemed necessary, which may include the removal of the practitioner's name from the register for a specified period.
The court referenced relevant legal precedents and held that Regulation 7.7 and Regulation 8.2 should be read together. The punishment prescribed in Regulation 7.7 for improper certificates was not excluded by Regulation 8.2. The court emphasized that the removal of a doctor's name from the MCI's register was one possible punishment among several.
The decision of the Court:
Thus, with the above directions, the court dismissed the Writ Petition.
Case Name: Dr. Neena Raizada v. Medical Council of India through its Secretary & Ors.
Coram: Hon’ble Mr. Justice Subramonium Prasad
Case No.: Writ Petition (C) 13499/2019
Advocates of the Petitioners: Mr. Trilok Nath Saxena, Mr. Abhinav Saxena and Dr. Shiv Kumar Tiwari
Advocates of the Respondent: Mr. T. Singhdev, Mr. Aabhaas Sukhramani, Mr. Abhijit Chakravarty, Mr. Tanishq Srivastava, Ms. Anum Hussain, Mr. Bhanu Gulati and Ms. Ramanpreet Kaur, Advocates appeared for Respondent No.1 (Medical Council of India)
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