A doctor, with a PG diploma in child healthcare obtained from an autonomous body in Mumbai, is embroiled in a legal battle with the Gujarat Govt to practise medicine in the state. The Govt has refused to register her because she has not served in the rural areas for a year.
Hetal Asari from Aravalli district has contended that the rule made for students pursuing post graduation in Gujarat does not apply to her.
According to the case details, Asari completed her MBBS from the M S University in Vadodara & then went to the College of Physicians & Surgeons, Mumbai, to pursue PG diploma in child healthcare.
After completing the course, she registered with the Medical Council of India (now National Medical Commission) & obtained a provisional certificate to practise in Gujarat. However, a year later, she could not continue with her practice.
The Gujarat Medical Council (GMC), in 2011, passed a resolution with clause 7 mandating rural service for doctors. The policy was adopted looking at the shortage of specialist doctors in the state. When new courses were introduced at PG level & seats were increased by way of legislation, the condition of rural service was incorporated in the resolution. This provision was made under Section 28 of the Gujarat Medical Council Act.
Asari approached the High Court of Gujarat in 2020 contending that she obtained her PG diploma from Mumbai & hence the state of Gujarat did not spend on her studies. Therefore, she is not obligated to serve in rural areas. Moreover, she was registered with the MCI and therefore, she is entitled to practise anywhere in the country, & the state authorities cannot stop her from practising by not granting her registration.
She also informed the Court that she forfeited the bond for one-year service after completion of MBBS by paying Rs 1.5 lakh penalty in 2020. During the hearing, it was contended that the provision under Section 28 of GMC Act of not granting final registration without rural services is in conflict with the provisions under Section 26 of the Medical Council of India Act, which was a parliamentary law & permits a registered doctor to practise anywhere in India.
According to the central legislation, the state is supposed to maintain two registers & once the MCI makes an entry about qualification of a candidate in its register, the state authorities have to make alterations in their register as well, thereby allowing an MCI-registered doctor to practise medicine in the state.
The High Court has asked the GMC to inform whether it maintains two separate registers or one register in two parts under two laws - GMC Act and MCI Act. The court has also inquired with the government whether provisional registration for a doctor permits him/her to practise beyond 1 year.
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