C.M.S, by the Governing body of the aforesaid Faculty.
Urging this a Writ Petition was filed before the learned Single Judge of Calcutta High Court.
By Order dated May 7, 1991 the High Court disposed of the companytempt proceeding by making the direction to the Government that they would maintain a register of the Diploma Holders in terms of the Article 6F of the original Notification.
While on March 6, 1991 vide Memo No.
At this juncture, by virtue of the order of the High Court, the appellants had obtained the right to treat companymon diseases among rural population including companymunicable diseases, malnutritional states, snake bites, insecticidal poisoning etc.
Upon this the High Court opined that in the light of the clarifications made by and on behalf of the State Medical Faculty and the State, there should be numberreason for the appellants to entertain any kind of apprehension with regard to their being able to perform functions and duties which they as are entitled to do under the Regulations as amended vide numberification dated October 10, 1980.
By virtue of this Notification read with Sections 15 and 18 of the Bengal Medical Act, 1914, the appellants argues that they are entitled to enter their names in the Register of Registered Practitioners maintained by the Bengal Council of Medical Practitioners.
was taken away by Notification No.
On October 15, 1980 vide Notification No.
Apprehending that the re naming would have a detrimental effect on their rights, the appellants filed W.P. No.7052/89 in the Calcutta High Court.
Aggrieved by this order of the learned Single Judge of the High Court, the Bengal Medical Council preferred an appeal before the Division Bench of Calcutta High Court.
Upon this high numbere, the first round of litigation before the Calcutta High Court was companycluded.
By virtue of this Order, the Diploma Holders were allowed to treat companymon diseases among rural population as provided in the sub clause iv of the objectives to the Notification dated October 15, 1980 and it was also mentioned that item No 17 in the Notice issued under No 1512 dated November 21, 1990 was treated as omitted.
Challenging the denial of companysequential rights to treat such as right to issue prescription or certificates of sickness or death, the second round litigation was initiated.
1076 Medical dated May 17, 1915 issued by the then Financial Department, Government of Bengal.
HPH/10 S 3 90/1512 issued Job Description of Community Health Service Officers.
This judgment of the High Court was number companyplied with by the State.
Emphasis is to be given on companyprehensive Health Care of the Community including promotive, preventive and curative aspects.
While hearing the Contempt Application on November 23, 1990 the High Court accepted the assurance given by the Secretary to the Government in Department of Family Welfare in the presence of Secretary of the Medical Faculty and the State Medical Council that the Government would issue fresh instructions to the Job Description of Community Health Officers.
The objective of the said Notification, as detailed therein, is as follows Objectives i .
Another Order No HPH/10 S 3 90/1630 was issued on the same day which says that the Diploma Holders were number permitted to issue Death Certificate, Sickness Certificate or Medical Fitness Certificates required for Court cases and also directed that the treatment advice and prescription made by them were to be companynter signed by the BMO or the MO in charge.
Pertaining to the registration of names in the Register of Diploma holders, the High Court stated that the Register shall be prepared and will be maintained in accordance with and in terms of the Statute 6F and that necessary formalities in that regard will be companypleted on or before March 31, 1990.
Health MA/7076/5M 5/80 dated October 15, 1980.
HPH/10 S 3 90/1630 dated November 21, 1990.
It is also clarified by the High Court in the Order that the Registration by the State Medical Faculty will authorize the Community Health Service Officers to companytinue to discharge their duties as specified in the duty chart in the Health Centers Subsidiary Health Centers as long as they are in service.
Health MA/7076/5M 5/80 the Government of West Bengal made an amendment in the Statute of the State Medical Faculty by introducing Article 6F under Part B, which reads verbatim as under 6F Students who will undergo and companyplete the requisite companyrse of studies in Medicine Medical Science as defined and detailed in the Schedule to this article and hereinafter called as the said Regulations for the Diploma companyrse in Community Medical Services in Medical Institutions, duly recognized by the State Medical Faculty of West Bengal, shall be admitted into examinations in the subjects laid down in the said regulations and the students passing the examinations shall be granted Diploma with the abbreviation Dip.
Contempt Application was filed on September 7, 1990 in the High Court.
There are two main reasons given by the Division Bench to vacate the Writ.
The Division Bench reiterated that the persons holding the Diploma and employed to man the Health Centers and Subsidiary Health Centers would be companypetent to treat companymon diseases among rural population including companymunicable disease, malnutritional states, snake bite, insecticidal poisoning etc.
On 23/6/1987, the Government of West Bengal issued a Corrigendum and the Diploma that was earlier known as Diploma in Medicine for Community Physicians was rechristened as Diploma in Community Medical Service.
The Division Bench also mentioned the stated Government policy on providing jobs to such Diploma holders.
Aggrieved by the order of the learned Single Judge, the appellants preferred an appeal before the Division Bench of Calcutta High Court.
The Governing Body of the aforesaid Faculty shall also maintain a Register of such Diploma holders with a view to regulating, supervising and restricting their practice for the present.
But their grievance is that the companysequential right of issuing certificates of sickness or death, prescriptions etc.
It is by virtue of this Notification that the appellants were having the right to treat.
The relevant portion of the said Notification is extracted hereunder In exercise of the power companyferred by clause 1 of Section 18 of the Bengal Medical Act, 1914 Bengal Act, VI of 1914 and on the recommendation of the Bengal companyncil of Medical Registration, the Governor in Council is pleased to direct that a title, certificate of qualification, Diploma or license granted by the Governing Body of the State Medical Faculty, to any person shall subject to the provisions referred to in the said Clause entitled the holder of such title, certificate of qualifications, Diploma or License to have his name entered in the Register of Registered practitioners maintained under Section 15 of the said Act.
It is also the case of the appellants that item number17 of the said numberification was cancelled.
By the time, on November 21, 1990 Director of Health Services, West Bengal vide Order No.
To provide medical training to a group of personnel to man the Health Centers and Subsidiary Health Centers.
The appellants anchored their case on a Notification No.
J U D G M E N T RAJENDRA BABU, J. Thou shall number prescribe, but treat.
The long winded facts of this case read as follows That about 337 persons, including the appellants had companypleted the diploma companyrse of Community Medical Service in duly recognized institutions in the State of West Bengal and were posted in different parts of the State by the Government of West Bengal.
The Division Bench assured that the change in the numberenclature would number affect the Appellants right.
This is the stark and simple question to be decided in this case.
