The Physiotherapists are entitled to use the prefix "Dr." & the title 'Doctor' exclusively belongs to medical professionals is a misconception- Hon. Kerala High Court. - Adv. ROHiT ERANDE ©

The Physiotherapists can very well use the title "Dr." & the title 'Doctor' exclusively belongs to medical professionals is a misconception- Hon. Kerala High Court.

Case Details : WP(C) NO. 43518 OF 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM  

Hon. JUSTICE V.G.ARUN  

Date of Decisions : 22 JANUARY 2026 .   

 INDIAN MEDICAL ASSOCIATION KERALA STATE BRANCH & ors. V/s. UNION OF INDIA & ors. 

Factual matrix in short :. 

1.  'What's in a name? That which we call a rose / By any other name would smell as sweet" - the William Shakespeare might have said  400 years back.. But quite often, as we see in the courts, the cases are filed for the sake of names.  

Very recently the issue 'What's in a name? was brought on the anvil of  The Kerala High Court through various Writ petitions with single question, whether the Physiotherapists can use the prefix Dr. before their name ? 

2. Petitioners' Contentions : 

a. The petitioners are qualified medical professionals in the field of modern scientific medicine and are aggrieved by the powers and status given to Physiotherapists and Occupational Therapists under the National Commission for Allied and Healthcare Profession Act, 2021 ('the NCAHP Act' for short) as well as the Competency Based Curriculum for Physiotherapy and Occupational Therapy.

b. The qualifications of Physiotherapists can at best enable them to undertake administration of physiotherapy under the instructions of a qualified Medical Practitioner. 

c. Even though the curriculum of physiotherapy and occupational therapy contains many subjects like Anatomy, Physiology, etc., that, by itself, will not confer them with the right to engage in independent clinical practice, since such subjects are taught solely to provide a basic idea regarding the human body and as to how it functions. There are no statutory provisions under the NCAHP Act conferring legal right to diagnose,

d. The petitioners are also aggrieved by the fact that the Competency Based Curriculum for Physiotherapy and Occupational Therapy permits the use of the prefix "Dr" with suffix "PT" by Physiotherapists and “OT” by Occupational Therapists, thereby equating them with modern medical practitioners.

e. Hence the various Writ Petitions were filed with main prayers that to bring down the wide scope of the connotation "Physiotherapy Professional" mentioned in aforesaid Act and that the Physiotherapists and Occupational Therapy Professionals should be restrained from  proclaiming themselves as First Health Care provider and from in using the prefix 'Dr'.

3. It was argued on behalf of the Petitioners relying on various judgments of Supreme Court  MBBS qualification is a pre-requisite for practicing modern medicine. The decision in Sri Sarjoo Prasad and Ors v The State of Bihar & Ors [(2003) SCC OnLine Pat 188] is pressed into service in support of the argument that even though Occupational Therapy and Physiotherapy are recognized medical disciplines, individuals not enrolled in the State Medical Register cannot practice modern medicine or use titles implying such authority.

4. It was contended that the prefix ‘Dr’ is associated with a medical practitioner, and if a Physiotherapist prefixes his name with ‘Dr’, the general public would naturally assume him to be a qualified allopathic doctor.

5. Defense :

a. The Respondents opposed the Petitions on various grounds. 

b. It was contended that the National Medical Commission had not raised any objection against the Curriculum or use of the prefix ‘Dr’ by Physiotherapists and Occupational Therapists. 

c. Even otherwise, the prefix ‘Dr’ is not statutorily recognized under the NMC Act and that the statute merely entitles qualified medical practitioners to have their names entered in the State Register.

d. The NCAHP Act was enacted by the Parliament after due deliberation and based on the recommendations of the Parliamentary Committee, after hearing all stakeholders. Section 2(j) of the NCAHP Act entitles the healthcare professionals to provide preventive, curative, rehabilitative, therapeutic services, etc.

e. It was further contended by the Physiotherapist that the physiotherapy profession constitutes an independent and distinct branch of health science, forming part of the Allied Health and Rehabilitation Services.

6. Held :

a. His Lordship considered various legal provisions and arguments advanced. At the outset the High Court referred to the circumstances leading to the enactment of the NCAHP Act and the formulation of the Competency Based Curriculum for Physiotherapists and Occupational Therapists and observed that till recently, the health force in the Indian scenario had focused mainly on a few cadres such as qualified modern medicine practitioners, nurses and front-line workers, while the professionals belonging to the healthcare sector were generally termed as para-medical professionals. 

b. The advancement in the health sector and the changing preferences of consumers and service providers warranted a fresh vision of healthcare delivery with a patient-centric approach and focus on moving to a multi-disciplinary team based care. Thus Allied and Healthcare Professions Bill, 2018 was presented in the Parliament and later, after due deliberations, the National Commission for Allied and Healthcare Professions Act, 2021 was brought into force.

c. It was observed that  the healthcare professionals are conferred the qualification of degree under the NCAHP Act after undergoing extensive study of not less than three thousand six hundred hours spread over a period of three years to six years, divided into specific semesters.

d. Even though healthcare professionals can provide preventive, curative, rehabilitative, therapeutic and promotional health services, they cannot prescribe medicines or provide allopathic treatment. Therefore, the services provided by a healthcare professional and a medical professional are distinct, though, at times, a healthcare professional will also be playing a supporting role during allopathic treatment of patients.

Court held on "Dr." : His Lordship traced down the origin of word "Doctor" 

a. That the challenge against the use of prefix 'Dr' by Physiotherapists will not also hold good since the NMC or the allied statutes does not provide for the use of the prefix 'Dr' by qualified medical professionals. Here it will be interesting to note that the term 'Doctor' originated from the latin word 'Doctor', which means teacher or instructor. 

b. Research reveals that, around the thirteenth century, the term Doctor has evolved into an academic title in European Universities and was used for referring to someone who had achieved the highest level of learning and had received licence to teach in fields like theology, law and philosophy. 

c. Thus, the term Doctor originally meant a learned person qualified to teach. Gradually, with the advancement of medical science, University trained Physicians (holders of degrees in medicine) began to be called Doctors. The usage became much more common for physicians by the nineteenth century, as medical education formalised and the public increasingly associated the title with healers. 

d. Therefore the contention that the title 'Doctor' exclusively belongs to medical professionals is a misconception since even now, like in the olden times, persons with higher educational qualifications like PhD are entitled to use the title 'Doctor'.

e. As rightly contended by the respondents, the NMC Act does not contain any provision for conferring the title Doctor on qualified medical professionals.

This judgment would have perhaps ended the longtime battle (mostly battle of Ego and superiority complex, if one may say So !). The Physiotherapy    is a common treatment for lots of injuries and health conditions. It's also a common rehab step after surgeries. Whether you only need a few sessions after an injury or long-term help managing a chronic condition, physical therapy can improve ones strength, flexibility and mobility and the patient can also be the Modern Medicine Practitioner !! 😊

thanks and regards

Adv. ROHiT ERANDE ©