Santanu Sen Suspension — In a significant ruling for both medical professionals and regulatory bodies, the Calcutta High Court has quashed the West Bengal Medical Council’s (WBMC) decision to suspend Dr. Santanu Sen, former Rajya Sabha MP and a prominent physician, from medical practice for two years. The Court observed that the disciplinary order lacked clarity and failed to follow due process.
Background of the Suspension
Dr. Santanu Sen, a registered practitioner and a fellow of the Royal College of Physicians and Surgeons (Glasgow), was suspended by WBMC on July 4 for allegedly indulging in “infamous conduct” under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations. The core of the allegation was that Sen used the title “FRCP (Glasgow)” on his medical documents in a way that the council believed could mislead the public into thinking it was an academic degree rather than a diploma or honorary fellowship.
The Medical Council argued that such representations had the potential to breach public trust and were not duly registered or approved in accordance with council norms.
Santanu Sen Suspension: What the Court Said
Justice Amrita Sinha, while delivering the verdict, strongly criticized the manner in which the suspension was issued. The Court noted that the WBMC’s order was:
- Non-speaking – It lacked clear explanation and reasoning.
- Procedurally defective – The council did not provide the doctor with full details of the allegations or a chance to respond adequately.
- Unsubstantiated – No specific evidence was cited to justify the penalty.
The judge set aside the suspension order but imposed a limited restriction: Dr. Sen may not use “FRCP (Glasgow)” without clarifying it as a diploma or fellowship. He is permitted to continue medical practice.
Directions to the Medical Council
The High Court directed the WBMC to:
- Furnish all complaint documents, evidence, and procedural steps to Dr. Sen.
- Allow him an opportunity to respond through a fresh hearing.
- Issue any future orders with detailed reasoning that conforms to legal standards.
The Court clarified that while regulatory bodies have a mandate to protect public trust, this cannot override the principles of natural justice.
Dr. Sen’s Response
Dr. Santanu Sen welcomed the ruling, stating that he had always respected medical ethics and had paid all necessary fees to have his fellowship recorded with the council. He maintained that the original order was an overreach and failed to consider his prior explanation about the FRCP title.
He also stated that his FRCP recognition was honorary and publicly known as such, and that he never intended to mislead patients or the public.
Legal and Professional Implications
This case has spotlighted a grey area in medical professional conduct: how fellowships and honorary recognitions should be displayed by practitioners in India.
Legal experts believe this ruling sets a precedent for:
- Transparent proceedings by professional councils
- Clear definitions of acceptable academic titles
- Distinction between honorary and academic credentials
It also underlines the importance of “speaking orders” in disciplinary matters — a legal standard requiring authorities to provide sufficient reasoning when taking punitive action.
Professional Community Reacts
While many in the medical community welcomed the HC’s emphasis on due process, some professionals called for stricter norms on the use of international fellowships in India.
Regulatory bodies like WBMC are now expected to:
- Update their documentation guidelines.
- Clearly list approved post-nominal titles.
- Ensure that practitioners do not confuse honorary credentials with accredited academic qualifications.
Related External Resources
For more information on relevant policies and frameworks, the following sources provide deeper insight:
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations
https://www.nmc.org.in/ActivitiWebClient/open/getDocument?path=/Documents/Public/Portal/LatestNews/Code%20of%20Medical%20Ethics%20Regulations,%202002.pdf - Royal College of Physicians and Surgeons of Glasgow – Fellowship Information
https://rcpsg.ac.uk/membership/fellowship - Supreme Court Judgments on Natural Justice and Speaking Orders
https://main.sci.gov.in
What Happens Next?
The West Bengal Medical Council has the option to begin fresh proceedings if it so chooses, but must comply with the guidelines laid out by the Court. Dr. Sen’s medical license remains active, though he has been advised not to misrepresent the nature of his fellowship.
This case serves as a reminder that regulatory actions, even when well-intentioned, must be grounded in fairness and legal procedure. It also opens the door for more structured regulation of how professional designations are presented in India’s medical sector.
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