'Doctor', 'Dr' not exclusive to medical professionals: Kerala HC
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Kochi (PTI): The Kerala High Court has dismissed pleas moved by medical professionals against the use of 'Dr' by physiotherapists and occupational therapists, saying the National Medical Commission (NMC) Act does not provide for use of the prefix by MBBS graduates.
Justice V G Arun said that the word 'doctor' was initially used for referring to someone who had achieved the highest level of learning and had received licence to teach in fields like theology, law and philosophy.
The court said that the term doctor originally meant a learned person qualified to teach, but gradually, with the advancement of medical science, university trained physicians -- holders of degrees in medicine -- began to be called doctors.
"Therefore, the contention that the title 'doctor' exclusively belongs to medical professionals is a misconception since even now, like in the olden times, persons with higher educational qualifications like PhD are entitled to use the title 'doctor'," the court said.
It further said that the NMC Act does not contain any provision for conferring the title doctor on qualified medical professionals.
The court also said that the expression title used in section 40 of the Kerala State Medical Practitioners Act cannot be understood as statutorily entitling the qualified medical professionals to prefix 'Dr' to their names.
"In the absence of such provision, the petitioners (doctors) cannot claim exclusive right to use the prefix 'Dr'," the court said.
It also declined to read down the provisions of the National Commission for Allied and Healthcare Profession (NCAHP) Act, 2021, so as to confine the scope of discharge of professional services by physiotherapists and occupational therapists as a supporting group for the qualified medical professionals registered under the NMC Act.
The court said it would be inappropriate to "tinker" with the policy of the central government or read down the provisions of the NCAHP Act or the Competency Based Curriculum for Physiotherapy and Occupational Therapy at the instance of a few medical professionals.
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Can't say when I'll return to India; legally barred from leaving UK: Mallya to Bombay HC
Mumbai (PTI): Fugitive businessman Vijay Mallya, facing multiple cases of fraud and money laundering, told the Bombay High Court on Wednesday that he cannot say when he will return to India as he is legally barred from leaving the UK.
In a statement submitted through his counsel Amit Desai to the high court, Mallya said he did not have an active passport after it was revoked and hence, he cannot give a definite date of return to India.
The statement was submitted after a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear last week that it would not hear Mallya's plea against the order declaring a fugitive economic offender until he returns to India.
The court had then asked the former liquor to clarify whether or not he intended to return to India.
Mallya, based in the United Kingdom since 2016, has filed two petitions in the HC -- one challenging an order declaring him a fugitive economic offender and the other questioning the constitutional validity of the Fugitive Economic Offenders Act.
The 70-year-old liquor baron is accused of defaulting on multiple loan repayments of several thousand crores and facing money laundering charges.
The businessman, in his statement to HC, said he cannot give a definite date for his return as he does not have his Indian passport, which was revoked by the government in 2016, and also because there are orders of courts in England and Wales that prohibit him from leaving the country.
"Mallya is not permitted to leave or attempt to leave England and Wales or apply for or be in possession of any international travel document. In any event, the petitioner is unable to precisely state when he will return to India," Desai read out the statement in the court.
The senior counsel reiterated that Mallya's presence was not required in the country for the court to hear his pleas against the fugitive tag and the provisions of the Act.
"If he (Mallya) were to appear in India, then all these proceedings would be rendered irrelevant as the statute says that once the offender appears in the concerned court of law, then all these orders would be set aside," Desai told the court.
The bench directed the Union government to file its reply to Mallya's statement and posted the matter for further hearing next month.
Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).
The businessman left India in March 2016.
