Dr.Kesharwani

8/2/2019 Dr.Kesharwani

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the cultural and natioHe graduated himsep,tosucli a case fie, witho~tsupplantiIig the latter. ,as it is limited to cases of inifam.ous conduct ' Another=physician, Dr. Kul Bhushan, , whoin any professional~ij,e'~tan'dtherecan'be also holds, good qualifications says that theno question of infamous conduct rin any standard of education in modern medicirine ofprofessional respect in such a case. 'rne students of the cGurukul Kah~ Unive-ersiry

A. P. Pandey ana S. P.K1mtar for the IS of fairly good quality. t - a .applicant. 'G. Mehrotra fOl'Ltheopposite party.SAPRU, J.-This application has been

presented under Article 226 of the Coristitu-tion to this Court 'by Dr, D. N. Kesarbani,Medical Officer of 'Government Tuberculosis also, thatClinic at Allahabad. for various reliefs, and vided for practicalmore particuIarty,:fQ;~,a:v,J.iio prohibition tories and there' iscommanding the QPRci~itep;tc1ityfrom taking bed-side medicine;any steps towards. erasing his 'name from the 'l_atgenumbefof rmr_"I"n'rcregister of Medica~~,ra:ctitioners. of this pro- cWe have referredvince. ~. '. foromof affidavits of

The facts which" have g~ven rise. t.octhis Iii '~6rder I


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3Re-organisation Committee in '1950.. That : instrtig'tjion. In ancient system oM pharrna-committee writes that a scrutiThY~ofthe: list :of' copoeia, . instruccion un modern system ofexaminers for the last three years showed that medielire is lrnpar,ted there can be-e no doubtgreater stress was paid in Gurukul Kangri on whatever. We have felt it incum .ibent on usAllopathic studies...tha.n.,on Ayurvedic studies. to make these remarks because we j find that inWe hayeG.o)1i~i:!ile~.


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4knew very well the prevailing conditions inregistered as a medical practitioner by ,: thethis country. On receiving this letter of in- Medical Council under Section 18 of the U. P.troduction, Prof. Formichi gave a letter of Medical Act, '1917. On the 19,th Deco ember,introduction to Dr. Spano, Administrative 1947 he. was entitled to be so registered i as heDirector of the University, asking him to ob- had a degree of the University of Rome' whichtain for Dr. Kesarbani the facility he was was within the meaning of the Indian M Iedicalasking for and added that he would be much ACta Royal University of Italy. No. objec-displeased if he, 'having to face too many. tion of any character was made at that t timedifficulties there, proceeds to Munich where to his registration. It may be mentionecd thatthey had madegoiden bridges for his admis- .. there was a perfect disclosure on Dr. Kesar rbani'ssion.' On the strength of :his qualifications part of all the requirements for registr.ration.as al'so perhaps of the recommendations which He gave the Medical Council to undenrsrandhe had brought with him, che University of that he had his preparatory medical eduucationRome gave to Dr. Kesarbani an exemption of at Gurukul, that after Gurukul he pra actised411 years. The M. D. of Rome is a six years' for a number of years at Bombay and : Dehracourse but he was allowed to take it in one Dun and that ,he was able to obtain an J : \ 1 1 . D.and a half year. He had, however, to appear degree of the Royal University of J Rome.in four rigid iXflminations and he got through -The Medical Council with every relevanut factthem. creditably. In his final exarninatien, in its possession came to the conclusio: n thathe was able to secure distinction and, in fact, he was entitled to registration and he \ was sohis marks were in the average 88 per cent registered.marks. Finally, the University of Rome con- Suddenly something happened whichferred upon him the degree of Doctor of made the Medical Council change it~ mind.Medicine and Surgery. This degree qualified On the 29th April 1948 the Registrar { of thehim for practice outside Italy. At the time Medical Council wrote to the applic cant athat he went to Italy, this country was not at letter asking him to answer three que.estions.war with it" An Italian degree used Ito be Those questions were:-recognised for purposes of a registration of "1. When did you leave India for f foreignmedical practitioners. In 1939 the war broke countries?out and -he continued to stay in Italy and 2. The qualifications with date whichGermany. From 1939 to 1942 he studied you secured in India before going a abroad.medicine and surgery in the University of Please mention the. names of the instir tutionsMunich, passed all the examinations comprising where studied? ~, ,twelve subjects and got an M. D. with dis- 3. The qualifications with dates whichtinction. From 1942 to 1947 he worked as you secured outside India and the peririod ofLecturer and was Incharge M. o. of Chest studies and the name of the institutions whichdiseases ward of .the University Hospital. you attended to obtain these qualificat.tions"?Later in that country he was taken as a panelpractitioner in the town of Holzkirchen. He He replied to this letter in Augusist and

1 h f ' sent along with it his certificates in or iginal.was a so appointed Doctor-in-c arge or civilpersonnel in the American Air-Field. Finally, The Medical Council, .however, chiose towhen political conditions were favourable for take steps which, we think, were v o f an illhis return, Dr. Kesarbani came back to this advised nature. The Registrar of the j\.il;[edicalcountry in 1947. Even before reaching India, Council wrote to the Rector of the Royalhe took the precaution of writing a letter to the University of Rome that Dr. Kesarbanni hadChief Minister of Uttar Pradesh intimating to made incorrect and false represent.rations.him his intention of return and giving him a He further added that the training hhe hadsynopsis of his qualifications. A short time received was in a uqiversity not recognisised byafter his rerurnjn 1947 he saw an advertise- the Government of India but was in t the oldment .by the Public Service Commission of Ayurvedi system (obsolete indigenous s~.ystern )U. P. for thepo~t of the Medical Superintcn- and not in modern scientific system as wvas be-dent, Bhowali Sanatorium, Naini Tal. He ing imparted in recognised Medical Collccges inapplied, was interviewed by the Public Service [ndia. The letter went on to suggest thr .it theyCommission andfil1ally selected by that Com- did not seem to be fully aware of th re fact1111SSlOn. On the 3rd March 1948, Dr. that Dr. Kesarbani was trained in the Ayur-Kesarbani took-~charge. ofthc Bhowali Sanaro- vedic system in a private college and . an un-tium. It may be mentioned shat he was recognised university. The Registrar f further


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added that he 'required the information as ob- Milan. For that reason ,he would not: be per-jections had been raised to his registration mit ted to practise the' medical profcession inwith the Council on. the ground of insufficient Jtaly, The Director went on to add that thetrauung. Reminders were sent on the 29th applicant had been admitted to the l 6th yearDecember, 1948, -Lst January, 1949 and 22nd course on account of inexact inform a 1 tion andJanuary, 1949, on~eh~lf of the Medical Coun- documents forwarded by the autho -rities incil to the University of Rome requesting them india. They added that it was bee:" cuse thisto expedite a reply to their communication inexact information and the documcenrs for-dated the 26th November, 1948. On the 28th warded by the authorities in India ,that theJanuary, 1949, the Rector of the Rome Univcr- authorities of that Universitv were ui.nable tosity wrote to the Registrar, Medical Council, realise that the Ayurvedic system ha id fallenthat Dr. Kesarbani had applied to be admitted into-disuse and that the Gurukul K1l1 ::gri Uni-in the 6th Year course- of medicine and surgery versity was not legally recognised by theon presentation of the following documents.-e- Government of India. There is row.rards the

1. High School Certificate from' the end of the letter a request that it is desirableresidential University of Gurukul at Hardwar ,that all possible information should be sentdated the 24,thAptil, 1924. regarding the organisation of universitj.y studies2. Diploma Certificate with examinations as conducted in India. Now Dr. Meht.ra's letterand marks obtained at the Faculty of Medicine had made it clear that Dr. Kesarbani iwas anat the same University, signed by Vigishwar, authority in Ayurvedic cures. There' was noSecretary and Vishwanath, Vice-Chancellor. inexactness in the letters which were sent by

The Council was' at first disposed only to the Chancellor and t,he Vice-Rector of the Uni-give him credit for four complete years as some versitv of Gurukul. It is true that f Gurukulof the subjects required at the Italian Univer- is nor" a recognised University in the se ense thatsity had not been 'included in his course of it owes its inception to no Act of leg gislature,study; but at the meeting of the Council 'held It is, however, a well recognised innstitutionan ,the 24uh January, 1939, after having receiv- Whose good work has been highly P" raised byed new! informa.tion -and clarifications, per_scholarrancreallc'ationists of erninencce. It ismitred the aforesaid student to enter the sixth well-known that it constituted an exj.perimentyear course with -the obligation of passing four "tong new lines in education. Its re eluctnnceexaminations before being allowed to .take his to accept official help was due to the n.iature ofDiploma Examination. It was added that his the Government that was operating in thisi scription, meaning thereby admission, was, country before 1947. Gurukul was not anhowever, subordinated to the presentation of a obscure institution. It could be class sed withdocument provinguhat ,the student had attend- well-known institutions such as thee Shantied a two years course of preparation for the Niketan of Rabindra Nath Tagor-re. Thestudy of Medicine before his entering the standard reached by the medical stu.idenrs atFaculty of Medicine of G u r u k u l University. that University mayor may not 1 1 < 1 .rve beenOn the 27th February" 1939, the Chancellor comparable with that reached by the studentsand Vice-Rector of the Gurukul University of medical institutions of Indian Uni-ivcrsiries,informed the University of Rome tha t the bu tit would he a tra,yesty of trn th . tOI describeapplicant before themjhad, ,before entering the the c0111'se;"ot"S't{idy-;;'-tG~lj=tllu~r~i';(lical I FacultyGurukul University course for medicine, C0111- as purely or even mainly confined to in, .digenouspleted a two years course in pre-medical sub- methods.jects. They had be(}~e them another letter We have referred on this point; to thefrom one Dr. S. K. Mehta informing them that eminent aurhoriry of Dr. Chopra. YiVe maythe applicant had served in the Emergency say that Mr. Ramsay MacDonald who o was atHospital, Bombay, of which he was in charge, one time ,the Prime Minister of Englan -id wrotefrom May, 1929,to 1931, showing great pro- in 1916 about Gurukul in the fc.ollowingfessicnal capacity and a thorough knowledge ofthe Ayurvedic cures. It was on ,the basis ofthis information that the applicant had beenadmitted to the sixth year course. Accordingto him, he had passed the examination, obtain-ing in medicine and surgery 88 per cent of themarks. He had, however, not been able to suc-ceed at the examination of the university of

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tenns:-"The Gurukul is the most mo.unentousthing in Indian education that has be een donesince Macaulay sat down to put his Opll1lOl1'into minute in 1835." -

\\'Te may also remark that the lPresidcnrof our Republic, Dr. Rajendra Prasa, d, spokeabout Gurukul in the following tenTllS:-


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"The present Government is Gurukul'sthe degree which he possessed ~as a regi.istrableown and the Government also considers the degree. They felt that they were nont in aCurukul as its own; hence the Gurukul should position to erase his name from their 1 registerform a part of the Government educational .and they invoked the assistimceof the 1 .Univer-system. But at the same time I realise that sity .o f Rome for that purpose. If the L'Univer-in rhe making of every country independent sity of Rome could. cancel the M. D. Degreeeducational institutions' have a place of their .awarded to-him on the ground that he ., had byown. It is such institutions. that can hring,upplymg ',inconcct information obbtainedabout a revolution in education; thel'efore,if;:exempJ,!.ipns,lt woli1d be easy for them t co erasethe Gurukul Kangri would desire -to preserve his name from+the medical register.its independent identity, the Government shall \Ve are=surprised .that a -responsibl-le bodyhave no objection. The Government shall give created by the legislature for the rnainrirenanceit all kinds of help and prompted by this feel- of professional standards should have aucred ining I announce a grant of Rs. one lac to the this irresponsible manner withoutgivil\l1g anyGurukul Kangri on behalf of the Government adequate opportunity to Dr. Kesarbani to ex-of India." plain his case. Without caring to aseer rtain in

\Ve may also invite attention to .rhe ob- an unbiassed manner the case which Dr .. Kesar-servation of the universitiesCommission which 'bani had to put up, ,this statutory bod:';y chosewas presided "over by Dr. "R.adhakrishnan, now to write to the University of Rome anr.d wentVice-President of the Indian Republic. out of its way to suggest that action should

"Gurukul Ka-ngri:-The institution with be taken against him for the cancellaution ofits branches has about UOO students, of whom -the degree lor which he had worked andd toiled100 are of the College grade. Vedic research, hard in Rome. Reluctant as we are tao inter-Ayurvedic research and advanced work in fere with the autonomy of domestic tr ribunalsancient Indian Literature and History have and educational institutions which h -iave tobeen its specialities. Non-recognition of its maintain standards, we can well undderstanddegrees and diplomas had stood in the way of Dr. Kesarbani's misgivings regarding wl-hat thisits popularity, but now after half a century body will do when his case comes Up.1 beforeof conscientious work it is being recognised it for 'consideration. This aspect of the; matteras a real centre of learning." cannot be ignored by us. For -nearly 9 months

\Ve 'have mentioned


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\and that Dr. Kesarbani had t;a1


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Documents

Dr.Kesharwani