AIR 2016 DELHI 106 ::(2016) 229 DLT 322 ::(2016) 3 SCT 359

Delhi High Court

Hon'ble Judge(s): G. Rohini , C.J. AND Rajiv Sahai Endlaw , J

Indian Medicine Central Council Act (48 of 1970) , S.15, S.22, S.32— Delhi Medical Council Act (5 of 1997) , S.2(7), S.30— Delhi Bhartiya Chikitsa Parishad Act (4 of 1999) , S.2(h), S.37— Medical Council Act (102 of 1956) , S.2(8), S.11, S.32— Practitioner of Indian System of Medicine - Right to practice modern scientific system - No practitioner of Indian System of Medicine or holding a qualification as listed in the Schedule to the Medicine Central Council Act, 1970, even if it be of in integrated medicine as defined in Section 2(h) of the Delhi Bharatiya Chikitsa Parishad Act - Is entitled to practice modern scientific system of medicine (Allopathic system of medicine) as defined in the Indian Medical Council Act, 1956 read with Indian Medical Degrees Act, 1916. Only if the person holding the degree in integrated courses under the Indian Medicine Act and the DBCP Act is entered in the State Medical Register within the meaning of the MCI Act (and not the 'State Register of Indian Medicine' within the meaning of the Indian Medicine Act) can such a person practice modern scientific system of medicine and prescribe Allopathic drugs.(Para 29) A perusal of the provisions of the DMC Act under which the State Medical Register within the meaning of the MCI Act is maintained for Delhi leaves no manner of doubt that a person holding qu....