Dr. (Prof.) Mahesh Baldwa, M.D, D.C.H, FIAP, MBA, LL.B, LL.M, PhD (law) SENIOR PEDIATRICIAN & MEDICOLEGAL ADVISOR
- Dr Sushila Baldwa, MBBS, MD,DGO, senior gynecologist, Baldwa Hospital, Sumer Nagar, S.V. Road, Borivali (West) Mumbai 400 092
- Dr Namita Padvi, MBBS, MD,DNB, PGDML, Fellowship in pediatric anesthesiology, Assistant Professor of Pediatric medical s at T.N. Pediatric medical College and Nair Hospital, Mumbai-400008
- Dr Varsha Gupta, MBBS, MD, PGDML, consultant pathologist, Apollo clinic, Mumbai
Introduction
There is plethora of Medical under graduate qualifications granted by medical institutions inside or outside India may not be registerable with MCI. This is not related to naturapathy , alternative medicine, homeo, unani, sidha, tibb pathies degrees but related to proper modern medicine courses available in medical institutions inside or outside India may not be registerable with MCI. hence one may be prosecuted under IPC s. 467 read with 471 for fake qualification.
Unrecognized medical courses raises a very important question – what is the legal status of such courses?
The Health Ministry has also informed the state of Haryana that “As far as recognition of any system of medicine was concerned, only three councils under the Government of India — namely MCI, CCIM and CCH — are authorised to do so. No other council has any authority to recognise any degree related to medical sciences or register the medical practitioners and no other council can issue any registration certificate to practise any type of medicine anywhere in India”.
As per the Indian Medical Council Act, 1956, no medical college can start a course without the Centres prior permission. Three apex bodies regulate post-graduate education in India: the Medical Council of India (MCI), the National Board of Examinations (NBE) and state medical councils (SMCs). By exact definition, “recognised” post-graduate qualifications are those that are recognized by MCI and are included in the first schedule of the Medical Council of India Act. Though MCI recognizes most of the post-graduate courses conducted by NBE, the qualifications offered by NBE in the subjects of Family Medicine, Maternal and Child Health, and Hospital and Health Administration are not recognized by MCI. However, that does not make these courses invalid, simply because NBE was established by an act of parliament for the very purpose of awarding post-graduate medical qualifications.
According to the respective state government resolutions, the diploma courses offered by College of Physicians and Surgeons (CPS), Mumbai are recognized by the Maharashtra and Gujarat medical councils. At present, these CPS diplomas are not recognized by MCI.
The qualifications recognized by MCI automatically stand recognized by SMCs, but the reverse is not true. Therefore, for a qualification to be eligible to be registered as an “additional qualification” in the SMC register, it has to be recognized either by MCI or at least by that particular SMC. Diplomate of National Board (DNB) qualifications in subjects which are not recognized by MCI (which have been mentioned earlier above ) are not eligible for registration as “additional qualifications” in the SMC register. But as stated previously, all qualifications bestowed by NBE are supported by the central government and are very much valid. Hence, it is better to use the term “valid” rather than “recognized” for post-graduate medical courses. In this letter, the term “recognized” means “valid”.
Position of paid foreign under graduate degree degrees
The Medical Council of India has made it clear it will not recognize any foreign medical degree anymore. The council, which regulates all medical colleges in the country, has not permitted foreign universities either to start India campus or start a medical course leading to degree equivalent to MBBS in India. As per regulation 9 of the screening test regulations under the Act, Indian Medical Council Act, 1956 the eligibility certificate is valid for candidates only to join a medical institution outside India and obtain a primary medical qualification. They have to undergo screening test on return before they can be registered with any Medical Council. The certificate cannot be used by any student to join an institution in India saying the degrees are awarded by foreign universities.
So many non – MCI unrecognized allopathic degrees available as post graduate courses in form of diploma, degree for payment of fees or payment. eg MD from university of Seychelles and Indian citizens who had obtained medical qualification from Tanzania, Philippines decided to consider the case of the Indian citizens who had obtained medical qualifications from
Seychelles on similar basis in view of the law laid down by the Hon’ble Supreme Court of India in Medical Council of India v. J. Saai Prasanna {Judgment dated 09/05/11}. The Medical Council of India in similar cases, namely, Priya Nair and Others before High Court of
Delhi and Shri Shivaji Dnyandeo Patil and other filed before the Hon’ble High Court of
Bombay has acceded to prayers and accordingly granted registration if the person has qualified the Screening Test. The Board also noted that in accordance with the provisions of
“Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002 the candidates who have been admitted after 16/04/2010 amendment in any foreign medical institution the candidates must have studied for the entire duration of the course in the same foreign medical institution.
Medical diploma factories in India
Reputed medical journals dedicated to advertisements endorsing unrecognized post-graduate diplomas, fellowship and certificate courses conducted by private institutions and hospitals for MBBS doctors.
Judgments make it amply clear that any post-graduate medical course conducted under any title (diploma, postgraduate diploma, certificate, fellowship etc.) becomes illegal unless it is recognized by MCI and / or the central government.
Since three parallel bodies (MCI, NBE and SMCs) already conduct post-graduate courses independent of each other, the obvious question arises – can we have more? Let us try to understand the ethical and legal issues involved. According to the MCI ethics code regulation 7.20, a physician should not claim to be a specialist unless he / she has a special qualification in that branch. Practicing a specialty, without having a qualification in that branch, amounts to flouting regulation 7.20 of the ethics code. In 2008, the Madras High Court quashed a State government order (GO) which had allowed a certificate course in Diabetology without the prior permission of MCI .
The judges reasoned that the executive power of every State should be exercised ensuring compliance with the laws made by Parliament and any existing law applied in that State. Therefore, the GO was ruled unconstitutional and preventable in view of Entry 66 of List I of the constitution. The judges clearly stated that no course in medical education by any name could be started without the permission of MCI and the central government. In 2011, the Madras High Court declared 11 post-graduate diploma courses conducted by Tamil Nadu Dr MGR University as illegal since they were being conducted without the prior approval of MCI or the central government . Justice N Paul Vasantkumar said “The university is not empowered to grant permission to any institution or medical college to conduct any PG diploma course in medical sciences without prior approval of the central government as required under section 10A(1) of the Medical Council of India Act, 1956.” The judge also pointed out that according to the MCI ethics code regulations, 2002, a physician is supposed to suffix only recognized qualifications. The honourable judge said that “Without such recognition, if any person is allowed to suffix PG diploma in medical sciences along with MBBS degree, the general public will definitely get an impression that the physician is a specialist. Special status can be claimed by any physician only after getting an approved PG diploma and not half-baked diploma courses offered by the university.”
Advertisement for fake degrees
Want a medical degree? How about MBBS, BAMS, DAMS or even MD and that too without clearing any entrance exam or PMT test.
The college even makes a rather profound claim that a “Doctor who has passed out from here is entitled to practice in any state without any restriction…’’
As an afterthought, it adds a rather cryptic proviso: “But the degrees are not for a government job.’’ But a closer look reveals that the degrees offered by the ‘college’ do not measure up to the acronyms. The stream of medicine that is taught here is neither allopathic nor ayurvedic. Nor, for that matter, is it any known strand recognized in this country.
In fact, MBBS here stands for `Bachelor of Medicine in Biochenic System’, BAMS stands for `Bachelor of Allopathy patent Medical Specialities and for `Bachelor of Allopathy patent Medicine and Surgery’. The all-time favourite MD (a one-year course) stands for `Doctor of Medicine in patent/Biochenic system of Alternative Medicine. The ‘medical college’ offering these degrees is located in the NIT area and is affiliated to the `Council of Patent Medicine, Patna, and the Medical Board of Biochenic System, also based at Patna. The college authorities claim that the system of medicine taught in the premises is an `alternative system’ of medicine; it is further contended that there are 153 alternative systems, which are duly recognized in various parts of the world. Union Health Department and various recognized bodies like the Medical Council of India (MCI), the Central Council of Indian Medicine (CCIM) and the Central Council of Homeopathy (CCH) reveal that the courses or degrees offered by the `college’ are not only unauthorized but also illegal and unrecognized.
Supreme Court in Yash Ahuja and others versus Medical Council of India and others, 2009 (12) Scale 687.
Even foreignMBBS degree holders from other countries in India without undergoing screening test are not about to practice allopathic medicine. When the Medical Council Act prohibits registration of MBBS degree holders from other countries in India without undergoing screening test, it is not open to the medical practitioners of other system of medicine to claim their right to practice in modern medicine without qualification in the said system. In fact, the conduct of screening test for foreign MBBS Degree holders to register in India was upheld by the Medical Council Act, 1956 was amended by the Indian Medical Council (Amendment) Act, 2001. As per Section 13(4A), a person who is a citizen of India and obtains medical qualification granted by any medical institution in any country outside India recognized for enrollment as medical practitioner in that country after such date as may be specified by the Central Government under sub-Section(3) shall not be entitled to be enrolled on any medical register maintained by a State Medical Council or to have his name entered in the Indian Medical Register, unless he qualifies the screening test in India prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognized medical qualification for the purpose of this Act for that person. The amendment made to the Indian Medical Council Act in introducing a screening test for those who qualified outside India also shows the concern of the Government in the matter of public health.
Position of paid foreign post graduate degree degrees
Recognized medical post graduate qualifications granted by medical institutions outside India not included in the second schedule
notification Dated 7th March, 2008 issued by Government of India Ministry of Health & Family Welfare (Department of Health & Family Welfare) New Delhi ,In exercise of the powers conferred by sub section 4 of the Section 13 of the Indian Medical Council Act, 1956 (102 of 1956), the Central Government, after consultation with the Medical Council of India, hereby makes following further amendments in Part II of the Third Schedule to the said Act, namely: – In the said Schedule under the heading “Part II recognized medical qualifications granted by medical institutions outside India not included in the second schedule”, after the entries relating to the qualification Doctor of Philosophy (Ph. D.) in Medical Sciences (Dagastan Medical Institute), U.S.S.R.* and below the explanation of the asterisk (*), the following shall be added, namely:
- “All post graduate medical qualifications awarded in Australia and recognized for enrolment as medical practitioners in the concerned specialties in that country;
- All post graduate medical qualifications awarded in Canada and recognized for enrolment as medical practitioners in the concerned specialties in that country;
- All post graduate medical qualifications awarded in New Zealand and recognized for enrolment as medical practitioners in the concerned specialties in that country;
- All post graduate medical qualifications awarded in United Kingdom and recognized for enrolment as medical practitioners in the concerned specialties in that country;
- All post graduate medical qualifications awarded in United States of America and recognized for enrolment as medical practitioners in the concerned specialties in that country;
MCI unrecognized allopathic degrees – may land you in unnecessary prosecution
There are so many non – MCI unrecognized allopathic degrees available as post graduate courses in form of diploma, degree and fellowship offered by Indian central and state universities, deemed universities and corpora hospital in collaboration of some foreign organization hospitals, IGNOU and some NGO’s but same are not registerable with MCI hence one may be prosecuted under IPC s. 467 read with 471 for fake qualification
Position of honorary degree
Position of honorary fellowship offered as member, fellow or honorary doctorate by IMA, IAP RCPH, RCOG, similar other royal colleges based abroad but same are not registerable with MCI hence one may be prosecuted under IPC s. 467 read with 471 for fake qualification like FRSH, MRSH,CGO,CCH etc.
Position of college of physicians and surgeon, Bombay degree and diploma
CPS Fellowships & Diploma Courses are notified by Government of Maharashtra vide notification no. MMC/1096/111/96/Act and vide GR Extraordinary 4-B through notification no. PGM.1010/CR-18 (Part 2)/10/EDU-2 and in the Maharashtra Medical Council Act 1965.
Government of Gujarat has recognized all the Fellowships and Diplomas of CPS to strengthen the infrastructure of the medical fraternity in the state of Gujarat vide Gujarat Government Gazette no. GP-17-MCG-102011-2213-J dated 14th October 2011 notified by Health & Family Welfare Department, Government of Gujarat under the Gujarat Acts. CPS courses are recognized in State of Rajasthan, Union Territory of Dadra and Nagar Haveli.
CPS is registereble since its existence in:
i. West Bengal Med Council vide Bengal Medical Act 1914.
ii. Tamil Nadu Med. Council vide TN Medical Act 1914
iii. Punjab Med. Council vide Punjab Med. Reg. Act 1916
iv. Orissa Med. Council vide Orissa Medical Registration Act 1961
CPS is Recognized by Govt. of Malaysia at par with other university.
Do not use misleading qualifications like CCH, CGO, ARSH,MRSH,FRSH and FICA,MD(AM) on your letter heads.
Many of us write along with MBBS, CCH, CGO, ARSH,MRSH,FRSH and FICA,MD(AM) etc. and worst you do not any of such degrees and write the same on letter head like Dr. Anirban Choudhury who got his MBBS degree from West Bengal. Later, he was registered as a medical practitioner with the West Bengal Medical Council (WBMC). A few years ago, he shifted to Mumbai and was registered with the MMC.
A complaint was lodged with the MMC, saying Choudhury was an MBBS, but on his letterhead, he claimed to be a cardiologist. Moreover, he also claimed to have cleared a superspecialty examination. In the letterhead, he also stated that he was a Member of the Royal College of Physicians (MRCP).
The MMC had sent a showcause notice to him and during the course of the hearing; Choudhury admitted to his mistake and gave the assurance that he would rectify it at the earliest.
A month later, when the complainant brought to the notice of the MMC that Choudhury had still not changed his qualification on his letterhead, he was again summoned before the MMC. After being given a fresh hearing, the MMC passed an order, saying, his registration had been suspended for two months.
writing CCH, CGO, ARSH,MRSH,FRSH and FICA,MD(AM) etc. degrees on letter head not only invite not only deregistration from medical council as in case of Dr. Anirban Choudhury but also invite provisions of Indian Penal code(IPC),415,420,S. 67 and 471,which simply means such people can be booked by police for cheating and fabricating documents or using fake degree documents as genuine, and courts may hear cases and convict them of such offences and may send to jails.
Does and don’ts
1.Make proper enquiry before undertaking Medical under graduate and post graduate qualifications granted by medical institutions inside or outside India are registerable with MCI or not.
2. Make proper enquiry before undertaking Medical post graduate qualifications granted by medical institutions inside India are registerable with state medical council and MCI or not.
3. So many alternative medicines courses are fake.
5. So many institutional PG courses are fake.
6. Practicing with UG or PG fake degree is punishable offence under Indian penal code.
MCQ
1. Following are fake degree
a. ARSH
b. MRSH
c. MD(AM)
d. all of the above
Ans: a.)
2. No medical college can start a course without the prior permission of
a. MCI
b. CCIM
c.CCH
d. central government
Ans: d.)
