Appeal Challenges Single-Bench Verdict
While hearing an appeal against a single-judge ruling that permitted physiotherapists and occupational therapists to use the “Dr.” prefix, the Kerala High Court clarified that such a policy decision must be taken by the government, not the judiciary. The earlier single-bench order had dismissed pleas seeking to restrain these professionals from using the prefix and projecting themselves as first healthcare providers.
IMA and IAPMR Move Division Bench
Challenging that decision, the Indian Medical Association and the Indian Association of Physical Medicine and Rehabilitation approached a Division Bench. They argued that physiotherapists and occupational therapists should function only in a supportive capacity within the medical profession and not claim parity with medical doctors.
Court: Cannot Legislate from the Bench
The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan orally observed that courts cannot legislate. The judges stated that any clarification on the usage of the “Dr.” prefix must come from the executive or legislature. They advised the appellants to submit representations to the competent authority and seek amendment of the law if required.
No Specific Enabling Provision Highlighted
During the hearing, senior counsel for the appellants argued that neither the National Commission for Allied and Healthcare Professions Act, 2021 nor its Schedule permits physiotherapists or occupational therapists to use the “Dr.” prefix. However, the Bench questioned whether there exists any explicit statutory provision even allowing MBBS or MD-qualified doctors to use the prefix.
Debate Over Legal Authority
The Court noted that historically, the title “Doctor” was associated with teaching professionals before being commonly adopted by physicians. The judges asked the appellants to identify any enabling legal provision authorising medical practitioners to prefix “Dr.” to their names, observing that without such clarity, the Court’s hands were tied.
DGHS Notification and Withdrawal
The appellants referred to a September 9, 2025 notification issued by the Directorate General of Health Services (DGHS) under the Ministry of Health and Family Welfare, stating that physiotherapists cannot use the “Dr.” prefix. However, the directive was withdrawn the following day for further deliberation. The Bench observed that this indicates the matter is still under government consideration.
Background of the Dispute
The controversy began after the National Commission for Allied and Healthcare Professions recommended, in its Competency-Based Curriculum for Physiotherapy 2025, that physiotherapists may use the prefix “Dr.” and suffix “PT.” This prompted objections from medical bodies, who argued that such usage could violate provisions of the Indian Medical Degrees Act, 1916 and blur distinctions between allied health professionals and registered medical practitioners.
Matter Posted for Further Hearing
Observing that courts cannot declare what is not expressly provided in the statute, the Division Bench suggested disposing of the appeal with directions to the government to take a time-bound decision. The matter has now been posted for March 3, pending further instructions from the parties.
