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 the 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 a 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 a 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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