The Calcutta High Court on Wednesday ordered that the present West Bengal Medical Council will stand dissolved from July 31 on the ground that no elections for the constitution of a new Council has been held since 1988 and further directed that a newly duly-elected Medical Council should be constituted latest by October 31, 2022.
Justice Sabyasachi Bhattacharyya observed,
“Thus, this court expresses its reservations as to the palpable inaction on the part of the West Medical Council in not holding any elections and/or constituting a new Council since 1988.”
The Court further noted that the last elected body spent its five-year tenure long back, in the year 1988 and that in the last 34 years, which is almost seven times five, neither has any ad hoc body been appointed, nor any election held.
“However, for obvious reasons, the present Council members took no steps worthy of exhibiting their bona fides for taking steps to organize elections after the year 1988 but chose to hibernate in the stupor of protracted perpetuation of their power”, the Court underscored further.
The Court was adjudicating upon a plea moved by Dr. Kunal Saha, a medical practitioner in West Bengal alleging that the five-year statutory term of the last elected Medical Council of West Bengal expired on July 15, 2018 and that no elections have been held since then.
It was further noted that the Bengal Medical Act, 1914 envisages a Medical Council to be constituted in such a manner that a majority of its members are elected from a wide spectrum of the medical, academic and administrative cadres and that only a minority of the members are to be nominated by the State Government.
Opining that the such an electoral process upholds the democratic spirit in constitution of such council, the Court observed,
“In essence, such procedure, which lends primacy to the electoral process over nomination, ensures the underlying democratic spirit in constitution of such council. From another perspective, such an approach is an essential check and balance to the wide powers given to the Medical Council, which has the potential not only to affect the entire medical fraternity but the society at large, in view of the important role played by the medical practitioners and intelligentsia, academics, scholars and those associated with them at all levels.”
It was further averred that transparency and the democratic principle are of utmost importance in formation of such Council as it is an autonomous council, not subject to direct control by the State.
The Court thus dissolved the present West Bengal Medical Council with effect from July 31, 2022 on the ground that it is continuing unlawfully and in contravention of the letter and spirit of law. In the meantime, the State government was ordered to appoint an ad hoc council, adhering to the relevant provisions of the Bengal Medical Act, 1914 for the limited purpose of conducting the next elections of the Council. The said ad hoc body was directed to start functioning on and from August 1, 2022.
Opining further that such a contravention of not holding timely elections affects the health and well-being of the populace at large, the Court remarked,
“The contravention alleged is not merely of Article 14, but also of Article 19 of the Constitution of India and the safety and well-being of the citizens at large, since the illegality affects the functioning of the entire medical community, which ultimately concerns the health and well- being of the entire community.”
The required formalization and all necessary paraphernalia regarding the constitution of the new, duly- elected Medical Council was ordered to be completed latest by October 31, 2022.
Stipulating the limited functions that are to be carried out by the present Medical Council, the Court observed,
“Till July 31, 2022, the present council shall exercise only the essential day-to-day financial and other activities of the West Bengal Medical Council, but shall not dispose of, transfer and/or encumber any asset of the council and/or assets over which it has powers of disposal statutorily. There will be no new registration and /or cancellation of registration of any registered medical practitioner by the present council till it stands dissolved. The present council shall not, till dissolution, take major or policy decisions in any matter vested in law with the council.”
Case Title: Dr. Kunal Saha v. West Bengal Medical Council (WBMC) and another
Case Citation: 2022 LiveLaw (Cal) 259
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Source: https://www.livelaw.in/news-updates/calcutta-high-court-dissolve-west-bengal-medical-council-no-elections-since-1988-202637
