IMA welcomes two landmark court judgements made today

IMA welcomes two landmark court judgements made today

The first being to allow a common entrance test for medical courses

The second supporting IMA’s stand that practitioners of the Indian system of medicine must not be allowed to practice modern medicine

New Delhi, April 11, 2016: The Indian Medical Association – the largest and oldest Independent representative association of doctors of modern scientific medicine today welcomed two landmark judgments passed by the honorable High Court and Supreme Court respectively. The first being by the Double Bench of the Delhi High Court which validates IMA’s stand that Bhartiya Chikitsa Practitioners (practitioners of Indian System of Medicine) should not be allowed to practice modern medicine (Allopathy). The second judgment being that by the Supreme Court demanding the implementation of the National Eligibility Entrance Test (NEET) for medical courses across the country.

Commenting on the same, Dr SS Agarwal - National President IMA and, Padma Shri Awardee, Dr K K Aggarwal, Honorary Secretary General IMA and President Heart Care Foundation of India said, “It is indeed a proud moment for the Indian Medical Association today given that not only has our decade long fight demanding that practitioners of the Indian System of Medicine must not be allowed to practice Allopathy been validated by the High Court, in addition to this, the Supreme Court has also accepted our suggestion of a Common Entrance test for medical courses. These decisions will help safeguard the sanctity of the medical profession and help make it more accountable, transparent and effective.”

The Indian Medical Association has been contesting for over a decade that allowing practitioners of other systems of medicine to practice Allopathy is dangerous and injurious to the overall health and wellbeing of the public. They have also been advocating the implementation of NEET (the common entrance test) on the grounds that it will bring in transparency to the system of medical examinations. The Past IMA President Dr Ketan Desai played an instrumental role in conceptualising the need for NEET.

According to the judgment made today to the PIL, Delhi Medical Association Vs. Principal Secretary (Health), the Double Bench of Hon’ble Delhi High Court has upheld the following:

·      “No practitioner of Indian System of Medicine can practice modern scientific system of medicine

·      No practitioner of Indian System of medicine holding a qualification as listed in the Schedule of the Indian Medicine Central Council Act 1970 is entitled to practice modern medicine;

·      No practitioner registered under Integrated Medicine as defined under Section 2(h) of Delhi Bhartiya Chiktsa Parishad Act, is entitled to practice modern system of medicine”.

The Hon’ble High Court of Delhi also directed the Delhi Medical Council (DMC) and Medical Council of India (MCI) to take action against all practitioners of the Indian system of medicine who are practicing modern medicine. They also asked the Indian Medicine Central Council & Delhi Bhartiya Chiktsa Parishad to ensure that they do not allow their doctors to practice modern medicine.

The Court further clarified that Section 2(h) of Delhi Bhartiya Chikitsa Parishad Act does not permit any person holding qualification in Indian System of Medicine to practice modern medicine. Additionally that notification dt. 10.2.61 of Delhi Govt. issued in pursuance to Rule 2(ee) of the Drugs & Cosmetics Act 1945 does not entitle those registered under Indian Medicine Central Council Act to practice modern medicine.

IMA congratulated Registrar, Delhi Medical Council, Dr Girish Tyagi and Team DMA, Dr Rakesh K Gupta, President & Dr Ashwani Goyal, Honorary Secretary along with Dr Anil Bansal, Dr Naresh Chawla & Dr V N Sharma, Members, IMA Anti Quackery Cell in their persistent efforts on this issue in the interest of the society.

In respect to the NEET, the Supreme Court set aside its 2013 Order quashing the common entrance test for admissions to MBBS, BDS and PG courses in all medical colleges and decided that it will hear the case afresh on validity of the common entrance test and till the matter is decided, NEET can be implemented.