Thursday, 21 November 2013


SC gives CMS  Medical Diploma Holders Right To Practice
PTI Feb 18, 2003, 12.07pm IST
NEW DELHI: Giving thousands of diploma holders in Community Medical Service (CMS) the right to prescribe medicine, the Supreme Court has ruled that it is unjust to allow them only to treat rural population without the consequential right to prescribe medicines or issue medical certificates.
Setting aside a Calcutta High Court judgement, a Bench comprising Justice S Rajendra Babu and Justice Shivaraj V Patil said "the right to prescribe drug of a system of medicine would be synonymous with the right to practice that system of medicine."

In west Bengal, the CMS diploma holders were employed to man the health centres and subsidiary health centres and allowed to treat common diseases among rural population including communicable diseases, malnutrition, snake bites and insecticidal poisoning.
However, CMS diploma holders unsuccessfully challenged in the Calcutta High Court the government decision not to allow them to prescribe medicines or issues certificates on the ground that once they had the right to treat, the right to issue prescription was consequential.
Upholding their argument, the bench said the appellants were validly holding the right to treat certain diseases. "So their right to issue prescriptions or certificates cannot be detached from their right to treat," Justice Babu, writing the judgement for the Bench, said.


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