By, Dr. Mahesh Baldwa, Dr. Sushila Baldwa, Dr. Namita Padvi, Dr. Varsha Baldwa
Introduction
There is plethora of Medical Undergraduate qualifications granted by medical institutions inside or outside India may not be registerable with MCI. This is not related to Naturopathy, Alternative Medicine, Homeopathy, Unani, Siddha, 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 section 467 read with 471 for fake qualification.
Position of paid foreign under-graduate degree / degrees
So many Non-MCI unrecognized allopathic degrees available as post graduate courses in form of diploma, degree for payment of fees or payment. E.G. 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.
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 registerable since its existence in:
- West Bengal Med Council vide Bengal Medical Act 1914.
- Tamil Nadu Med. Council vide TN Medical Act 1914.
- Punjab Med. Council vide Punjab Med. Reg. Act 1916.
- 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 super specialty examination. In the letterhead, he also stated that he was a Member of the Royal College of Physicians (MRCP).
The MMC had sent a show cause 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.
Summary:
Make proper enquiry before undertaking Medical Undergraduate and post graduate qualifications granted by medical institutions inside or outside India are registerable with MCI OR state medical council or not.
