A doctor's licence to practice medicine is protected by a specific legal framework. But what happens when disciplinary action comes from outside that framework? Can a court, while deciding an entirely different dispute, suspend a doctor's right to practice? This case explores the limits of judicial authority and clarifies who can legally decide the fate of a medical licence.
Irrefutable Facts
The doctor had unauthorizedly constructed a structure that was not in accordance with the plans sanctioned by the local Municipal Corporation. The Calcutta High Court directed the doctor to remove the illegal construction.
A contempt petition was filed against the doctor for failure to do so. The Calcutta High Court held him liable for contempt, that is, for not following the court's orders and suspended his license to practice medicine.
The doctor challenged this order before the Supreme Court, wherein this judgment was passed.
Court’s Observations
The Supreme Court observed that “the grant, regulation and suspension of the licence to practice medicine is governed by the National Medical Commission Act, 2019. The Act provides an exhaustive, complete mechanism to revoke the licence of a registered practitioner for professional misconduct.”
The Supreme Court observed that no authority or court in India has the power to suspend or cancel the license to practice of a doctor except the National Medical Commission (NMC). Further, a doctor’s license to practice can be revoked by NMC only for professional misconduct.
The Supreme Court, therefore, set aside the order of the Calcutta High Court and restored the doctor’s licence to practice medicine.
Prevention Is Better Than Cure
Doctors can be held liable for different misdemeanours while discharging their professional duties. They can be negligent, and the patient can approach the consumer, civil or even criminal courts for appropriate remedy.
A doctor can be deficient in providing professional services, and the patient can get appropriate relief from a consumer court. Certain wrongs are labelled as ‘professional misconduct’ by the regulator (earlier, it was the Medical Council of India - MCI, now it is the National Medical Commission - NMC), and the complaints for the same can be preferred only before the regulator. Only the National Medical Commission can cancel or suspend a doctor’s license to practice medicine.
Source : Gostho Behari Das v/s Dipak Kumar Sanyal & Ors.
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