Ensure That Nobody Is Practicing Siddha Medicine Using 'Not For Practice' Diploma Issued By Tamil University: Madras HC
|The Madras High Court directed the Health Department and Director General of Police to ensure that nobody is practicing Siddha Medicine, throughout the State, using the 'not for practice' Diploma in Siddha Medicine certificate issued by the Tamil University.
The Madras High Court was considering a Petition filed under Article 226 of the Constitution seeking issuance of a Writ directing the Superintendent of Police not to interfere with the running of Siddha Clinic by the petitioner practicing Siddha medicine.
Noting the fact that the certificates were said to have been issued with an endorsement 'not for practice' and an undertaking was also obtained by the University, the Single-Judge Bench of Justice B.Pugalendhi held, “If any of these students are practicing Siddha with these Certificates, it would definitely play havoc on the society. Already we are witnessing several cases regarding quacks.”
Advocate A. Arun Prasad represented the Petitioner while Government Advocate P.Kottai Chamy represented the Respondents.
The petitioner claiming to be a Doctor practicing Siddha Medicine in the strength of a Diploma Certificate issued by the Tamil University approached the High Court seeking a direction against the Police not to harass him or interfere with the running of his Siddha Clinic.
The petitioner claimed that since he was successful in Siddha Medicine, those who are practising Allopathy Medicine had foisted false complaints against the petitioner. The case was tried by the Judicial Magistrate and he was acquitted from the criminal case. Thereafter, at the instance of the Health Inspector a criminal case was again foisted against him, as if he was using Allopathy Medicine and Syringe for injection. Based on this complaint, another case was registered. In that matter, the petitioner was arrested and thereafter, enlarged on bail.
The Bench noted that initially, the case against the petitioner was that he was practicing Allopathy medicines without proper qualification. The petitioner, on the other hand, disputed the same and claimed that he is practicing Siddha Medicine only and that he is duly qualified to do so based on the certificate obtained in Diploma in Siddha Medicine course from the Tamil University.
However, the Bench said, “From the report of the fifth respondent, it is clear that the petitioner is making a claim based on a forged certificate. Even if the certificate is legitimate, the petitioner cannot still practice Siddha Medicine, as it is not for practicing.”
Thus, refusing to grant any relief to the petitioner in the writ petition, the Bench directed, “The Inspector of Police, Vallam Police Station, shall proceed further with the investigation in Crime No.148 of 2023 and take appropriate action, in accordance with law.”
Referring to the Diploma Course certificates from the Tamil University issued during the Academic Year 2007-08, the Bench observed that though the certificates were said to have been issued with an endorsement 'not for practice' and an undertaking was also obtained by the University, however it was not known as to how far it was being followed by the respective certificate holders.
Considering such factual aspects, the Bench dismissed the petition and held, “If any of these students are practicing Siddha with these Certificates, it would definitely play havoc on the society. Already we are witnessing several cases regarding quacks. Therefore, the respondents 1 & 2, in co-ordination with the fifth respondent / Tamil University, shall ensure that nobody is practicing Siddha Medicine, throughout the State, using the Diploma in Siddha Medicine certificate issued by the fifth respondent University.”
Cause Title: K.Jayakumar Vs. The State of Tamil Nadu [Case No. WP(MD)11463 of 2024]
Appearance:
Petitioner: Advocate A. Arun Prasad
Respondent: Government Advocate P.Kottai Chamy, Senior Counsels C.Arul Vadivel @ Sekar and K.Sachin Rahul