Read Time: 06 minutes

In a writ petition challenging the show cause notice issued by the Telangana State Authorities to strictly warn all the foreign M.D (Physician) graduates who are putting the same before their names to not do so, the State Medical Council submitted before the Telangana High Court that M.D (Physician) from certain foreign countries is equivalent to only MBBS Degree in India.

Tabling the reason for such order, before the bench of Justice Lalitha Kanneganti, the counsel for the Telangana State Medical Council, Advocate Deepthi submitted that for the M.D course in Ukraine, petitioners had studied for six years whereas for the M.D (Physician) course in India, they have to pursue 8½ years course which itself shows the reason as to why it is stated in the (petitioner's) Medical certificate that M.D (Physician) is equal to MBBS.

Adv. Deepthi added, "Where there are several practitioners, who have obtained degrees from other countries claiming themselves to be MD or MS and the innocent people looking at the qualification are going to these practitioners and in some cases because of the treatment given they have even lost their lives."

Hence, in the larger public interest, the State Authorities are taking steps and consequently the said show-cause notice was issued to the petitioners, she apprised the Court.

Adv. Deepthi also submitted that the petitioners had already submitted their explanation in response to the said show-cause notice and once an order is passed, the petitioners have a right to file an appeal before the National Medical Council.

On the other hand, the petitioners alleged that the action of the State Authorities was illegal and arbitrary and in violation of the principles of natural justice.

Petitioners' counsel submitted that it is stated in the show cause notice that any deviation in that regard will be viewed seriously and stern action is initiated against the erring persons under the Indian Penal Code in force and will be booked under cheating case in the nearby police station.

"Before taking a decision, they (the petitioners) are entitled for a notice and after considering the application, an order ought to have been passed," he contended.

Court, while concluding the controversy, noted that "the order impugned in this writ petition was a show cause notice but from a bare perusal of the show cause notice, it appeared that even before the explanation was sought from the petitioners, the authorities had already issued certain directions and the petitioners were warned not to put M.D (Physician) and also that the criminal cases will be registered."

Therefore, "in the interest of justice", Court disposed of the writ petition and directed the petitioners to submit their explanation with all the relevant material to the State Authorities and directed them to pass appropriate orders and to not take any coercive steps against the petitioners in the meantime. 

Case Citation: WRIT PETITION No. 14561 of 2022 (Telangana High Court)