Says Action Was Taken Without Proper Hearing; Allows Council to Proceed Lawfully if Desired
Kolkata: In a major relief to former Trinamool Congress (TMC) MP and Indian Medical Association (IMA) ex-president Dr Santanu Sen, the Calcutta High Court on Monday quashed the West Bengal Medical Council’s (WBMC) order suspending his medical registration for two years over allegations of misleading credentials.
The WBMC had suspended Dr Sen’s name from the register of registered medical practitioners for allegedly presenting himself as having a foreign medical degree by using “FRCP” (Fellow of the Royal College of Physicians) on his letterhead alongside his MBBS and postgraduate qualifications.
Court Criticises Lack of Due Process
Justice Amrita Sinha, hearing the matter, dismissed the WBMC’s suspension order, noting that:
- The reason for suspension was not adequately provided
- The party was not given a chance to be heard
- The suo motu action was not properly explained
The court made it clear that if the WBMC wishes to pursue the matter, it must follow due legal procedure and ensure a proper hearing.
However, the court also advised Dr Sen to clearly indicate that “FRCP” is a fellowship and not a medical degree on his professional letterhead in the future.
Background of the Case
Dr Sen, 52, had been suspended from the WBMC registry following a notice issued last Friday, which declared:
“FRCP is just a fellowship and not a degree. Dr Sen was writing this fellowship on his letterhead along with MBBS and post-graduation. This was misleading as patients would take it as a foreign degree. This is an infamous conduct.”
The WBMC had termed the act as “infamous conduct in a professional respect.”
Sen challenged the suspension in court, calling the action arbitrary and retaliatory. Notably, the WBMC’s action came months after his suspension from the TMC, following his public criticism of the government over the rape and murder of a woman junior doctor at R G Kar Hospital in August 2024.
Political and Professional Repercussions
The matter gained political overtones, with many viewing the council’s move as a response to Sen’s outspoken criticism of the ruling government, especially after his fallout with the TMC.
With the High Court now setting aside the suspension, Dr Sen’s name is expected to be restored to the medical register, unless the WBMC decides to initiate fresh proceedings in line with legal requirements.
