An MBBS degree holder cannot be permitted to act as an ophthalmologist at any cost and especially when the individual had reportedly joined a Diploma in Ophthalmology course in a private institute but could not clear the examinations despite several attempts, the Madras High Court has held.
A Division Bench of Justices S. Manikumar and Subramonium Prasad said, “Persons without suitable qualification should not be allowed to engage in any professional activity, much less in medicine and particularly eye.” The observation was made in an interim order passed on a public interest litigation petition.
S. Raja of Perambalur had filed the PIL petition accusing a local physician of running an eye clinic in the town besides serving as an ophthalmologist in the government district headquarters hospital at Perambalur. The doctor was also the co-ordinator of Perambalur District Blindness Control Society, the petitioner claimed.
Further, he produced documents in support of his allegation that the general physician had joined a diploma in ophthalmology course in 2013 but could not complete it till 2018 despite making several attempts. He had failed in the examinations on four occasions and was marked absent on four more occasions between 2015 and 2018.
Though a complaint was lodged with the Tamil Nadu Medical Council on November 3, 2018, no concrete action was taken so far, the petitioner alleged and sought a direction to consider his representation. But the judges took serious note of the issue.
On Friday, they directed the Joint Director of Medical Services to take action as per the relevant statutes. Within days after the order, the doctor entered appearance in the case through his counsel on Tuesday and gave an undertaking to the court that he shall not practice ophthalmology. The judges recorded the undertaking.
Clinic sealed
However, in the meantime, the Joint Director informed the court that he had already sealed the doctor’s clinic. Not happy with such drastic action taken against the doctor who had a right to practice as a general physician, the judges directed the Joint Director to revisit his decision and report to the court by Thursday.
“We only wanted you to make sure that he does not practice as an ophthalmologist as alleged but sealing the clinic would directly affect his right, under Article 21 of the Constitution, to practice as a general physician,” Justice Prasad said.
They also took note of a submission made by advocate G. Sankaran, representing the Tamil Nadu Medical Council, that it had planned to conduct an inquiry on February 18 regarding the complaint lodged by the petitioner in November.
