High Court relief to medical practitioners

The High Court on Wednesday restrained the Karnataka Medical Council (KMC) from cancelling registration certificates of several medical practitioners who have either not paid renewal fee or not submitted application for renewal of their registration as per the new laws.

Justice A.S. Bopanna passed the interim order on the petitions filed by Dr. B.S. Kakkilaya and others questioning the legality of KMC’s authority to prescribe a renewal fee and due date for payment of such fee without framing any rules or regulations.

Also, the petitioner-doctors have questioned the legality of the amendment to the KMC Act in 2012, which makes it mandatory for doctors to produce a certificate for having undergone 100 hours of Continuing Medical Education programme in the past five years from an organisation recognised by the KMC for seeking renewal of their registration certificate.

The petitioners that the amendment to the KMC Act are illegal, as it would override the powers of the Medical Council India (MCI), which is the only authority that has the power to prescribe standards in medical education and recognition of any institution or organisation.

As registration with the KMC grants automatic registration with MCI to medical practitioners allowing them to practice in any State, the petitioners contended that KMC’s decision to cancel registration for not undergoing 100 hours of CME programme results in discrimination to doctors registered with the KMC because, in many States, there is no requirement of CME certificate for renewal of registration.

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