The Delhi High Court also noted that subjecting medical practitioners to the regulatory authority of the State Medical Council where they practice serves the public interest. This approach allows the relevant Council to hold practitioners accountable for any misconduct and to undertake disciplinary actions in accordance with the law.
The Delhi High Court has recently reinforced the requirement for all allopathy practitioners in the national capital to register with the Delhi Medical Council (DMC), as mandated by the DMC Act of 1997. This decision came to light following the dismissal of a Public Interest Litigation (PIL) that contested the DMC’s notification demanding mandatory registration for allopathy doctors practicing in Delhi.
The bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, addressed the legal challenge by affirming the validity of the DMC’s notice issued on December 24 of the previous year. The court declared,
“The consequence of registration by medical practitioners under Section 15 (1) of the DMC Act is that the DMC will have jurisdiction to take disciplinary actions in case of any professional or ethical misconduct by a medical practitioner practicing in Delhi.”
This statement underscores the court’s stance on ensuring that medical practitioners are held accountable under the regulatory jurisdiction of the DMC.
The court’s decision aims to safeguard public interest by ensuring that medical practitioners in Delhi are subject to oversight and disciplinary action in cases of misconduct. The ruling dismissed the concerns raised by Dr. Namit Gupta in the PIL, which argued that the notice would compel doctors registered in other states to undergo cumbersome processes, either leading to multiple registrations or necessitating the surrender of their existing registrations.
Addressing the issue of transferring registrations due to job relocations, the court clarified the procedures established under the new regulations. It stated,
“The contention of the Petitioner that it would be inconvenient for the medical practitioner to seek transfer to a new State Medical Council in case of a transfer of job, is without any basis. Regulation 9 of the Regulations of 2023 [Registration of Medical Practitioners and License to Practice Medicine Regulations, 2023], provides for a convenient web portal-based procedure for seeking transfer of registration to another State Medical Council and also provides for a mechanism of deemed approval.”
This explanation highlights the court’s view that the registration process, including transfers between states, has been designed to be user-friendly and accommodating for medical practitioners.
In conclusion, the Delhi High Court’s ruling emphasizes the necessity for all allopathy practitioners in Delhi to be registered with the DMC, reinforcing the council’s authority to regulate and maintain professional standards within the medical community. This decision is a step towards ensuring that medical practice in the capital remains under the scrutiny of the DMC, promoting accountability and ethical conduct among healthcare providers.
CASE DETAILS:
Case Title – Dr Namit Gupta v Delhi Medical Council & Anr
Advocate MC Gupta represented Petitioner Dr Namit Gupta.
Advocate Praveen Khattar represented Delhi Medical Council
