One of the petitioners is a medical practitioner in Modern Medicine (MBBS) and also in Indigenous Medicine (BAMS). Another petitioner is a medical practitioner in Modern Medicine and in Homeopathic Medicine (BHMS).
The National Medical Commission in the exercise of the powers conferred under the National Medical Commission Act, 2019 formulated the National Medical Commission, Registered Medical Practitioner (Professional Conduct) Regulations 2022.
The plea by the petitioner contended that the clause 4(F) of the draft regulation clearly violates the fundamental right to practice any profession or to carry on any occupation, trade, or business guaranteed under Article 19(1)(g) of the Constitution and it runs contradictory to the objectives laid down in Preamble of the National Medical Commission Act, 2019.
The petitioners contended that the National Medical Commission has also transgressed the power of both the National Medical Commission for Indian System of Medicine and the National Commission for Homeopathy through clause 4(f) of the draft regulation.
When the NMC placed a public notice inviting comments on the draft regulation, the petitioners submitted their objections by email to the Ethics and Medical Registration Board through their unregistered association called the Indian Association of Integrative Medicine and Research (IAIMR) consisting of doctors who are qualified and licensed to practice multiple Systems of Medicine.
However, they didn’t get a positive response. Hence, the petitioners approached the court to direct the Ethics and Medical Registration Board and National Medical Commission to hold a public hearing to consider objections and comments from the general public which include the petitioners
The Court issued a notice to the concerned authorities and posted the case for further consideration after a week.
The petitioners are represented by advocates Vipin P Varghese, Adarsh Mathew, Kevin Mathew George, Meera Elsa George, and Merline Mathew.
Source: Barandbench
