An RTI query filed by a bereaved daughter revealed that
orthopaedician Dr ML Saraf did not renew his registration with
Maharashtra Medical Council (MMC) from 1988 to October last year; his
name was not in the MMC register when her 73-yr-old mother died under
his care last year.
A doctor practising medicine in Maharashtra without renewing his
registration with the Maharashtra Medical Council (MMC) is a quack, by
the admission of MMC president Dr Kishore Tawri himself.
Nandini Suchde, who filed the RTI, has alleged that her mother,
who was under the care of Dr Saraf (above), died due to negligence
Going by this definition, one such quack is the city’s leading
orthopaedician Dr M L Saraf, who works with Bombay Hospital. Asked
whether a doctor can still practise without renewing his registration
and upon the removal of his name from the MMC register, Dr Tawri said,
“A person practising without registration, or renewing his registration
is a quack.”
Documents available with MiD DAY show that for nearly 24 years, Dr
Saraf didn’t renew his registration with the MMC, something that even
caused his name to be removed from the MMC register. The precise
duration stretched from 1988 to October 2013. However, Saraf kept on
practising, first at the civic-run KEM Hospital- cum-medical-college,
and later at Bombay Hospital.
An RTI query was filed by Nandini Suchde, who has also lodged a
complaint against Dr Saraf and other doctors of Bombay Hospital at the
Azad Maidan police station, for alleged professional negligence that led
to the death of her mother Gitika Ghosh
The documents were obtained under the RTI Act by Nandini Suchde, who
has also lodged a complaint against Saraf and other doctors of Bombay
Hospital at the Azad Maidan police station, for professional negligence
(‘5 top doctors from Bombay hospital charged with homicide after
patient’s death,’ October 25, 2013). The documents show that Saraf got
himself registered with the MMC only after October 2013.
An RTI reply from Maharashtra Medical Council
Suchde has alleged that her mother Gitika Ghosh (73), who was under
Saraf’s treatment, died because of negligence on part of the doctors in
January 2013 at Bombay Hospital a time when he was not registered with
the MMC. The FIR was registered under sections 309 (culpable homicide
not amounting to murder), 201 (giving false information), 420
(cheating), 467 (forging documents), 471 (fraudulent use of documents)
109 (abetment) of the IPC.
“I filed the RTI enquiry with the MMC to find out whether Saraf was
registered with the MMC or not. He wasn’t, and documents clearly show
it. He finally registered in October 2013. I wonder how a top hospital
like Bombay Hospital could have a doctor on its panel who wasn’t
registered for nearly 24 years. I feel sad that I got my mother treated
under a doctor who wasn’t legitimate, while he was treating her in
January 2013,” said Suchde.
RTI response
The RTI response says: ‘The copy of registration certificate of Dr M L
Saraf is not available in this office. Originally, Dr Saraf M L was
registered with MMC vide registration No 27723 dated 31.12.1971.’ The
letter also states, ‘Dr M L Saraf had not renewed his registration till
1988-89.
Council has removed his name from the MMC register for time being. As
per amnesty scheme of MMC, Dr Saraf applied for fresh registration on
December 8, 2013 and MMC has issued registration certificate under
registration No 2013/10/3157 dated October 8, 2013’.
Tawri explained, “MMC is the statutory authority, and rules of the
MMC Act state that any doctor practising modern medicine in Maharashtra
has to be registered with MMC. In this case, if the doctor’s name has
been removed from the register failing renewal, it means that the doctor
is practising illegally. It’s like driving a car without a driving
licence and calls for criminal liabilities.”
The documents say that Saraf, in October 2013, paid a sum of Rs
29,400, for non-renewal and got a new registration number under the
amnesty scheme. Asked whether this Amnesty scheme means retrospective
regularisation, Tawri said, “The Amnesty scheme doesn’t mean that one’s
past is regularised. While he renews the registration, we take a bond.
Submitting the indemnity bond, the doctor applying for renewal has to
tell us on oath that there’s no case against him from the past, and if
anything happens then it’s solely his responsibility, not of the MMC.”
Dr Sudhakar Sane, the former president of MMC, who is also a lawyer,
corroborated these facts, saying, “Practising without renewal of
registration is illegal.”
Lawyers confirm
IPS officer-turned-lawyer Y P Singh said, “The law of MMC Act clearly
states that any doctor without being registered with the MMC and without
renewal, is not allowed to practise modern medicine in Maharashtra. And
in this case, the 24 years of practice by the said doctor is illegal.”
Vivekanand Gupta, another lawyer, said, “Practising without renewal and
registration with MMC is illegal and is a professional misconduct.”
What the indian medical council says
Section 1.1.3 of Chapter 1 of the Professional Conduct, Etiquette and
Ethics Regulations, 2002, states: No person other than a doctor having
qualification recognised by Medical Council of Indian and registered
with Medical council of India/State Medical Council (s) is allowed to
practise modern system of medicine or surgery.
The other side
Dr Sagar Sakle, spokesperson for Bombay Hospital, said, “Dr Saraf is
duly registered with MMC.” When we asked him how he was in the panel
when he wasn’t registered from 1988-89 to October 2013, Sakle preferred
not to answer. Attempts made by MiD DAY to reach Dr Saraf yielded no
result, despite numerous messages and phone calls.
Mumbai: Five top Mumbai doctors have been charged with homicide after a patient died during treatment at Bombay Hospital in January. 
(Mid-Day): Five of the city’s best doctors find their names in the police books after the Azad Maidan police station registered a case of medical negligence against them.