Medical Practitioners Cannot Run A Clinic In State In Absence Of Recommendation From MCI Or AYUSH Department: Madras HC
The Madras High Court while dealing with a batch of writ petitions has held that in absence of any recommendation from the Medical Council of India (MCI) or from the AYUSH Department, the medical practitioners are not entitled to run a clinic anywhere in the State of Tamil Nadu.
A Single Bench of Justice M. Dhandapani observed, “Registered Medical Practitioner means a person who possess any of the Government recognised medical qualification and who has been enrolled in the register of the respective Council viz., Medical, Dental, Siddha, Ayurveda, Unani or Homeopathic Councils or the Board of Indian Medicine or any such Council, Board or any other statutory body recognised by the Government of Tamil Nadu and Doctor means and includes a Registered Medical Practitioner offering consultations or treatment under Allopathy or AYUSH. In the absence of any recommendation from the Medical Council of India or from the AYUSH Department the petitioners are not entitled to run a clinic anywhere in Tamil Nadu.”
The Bench was dealing with a case wherein the petitioners claimed that they have completed Diploma in Community Medical Service and Essential Drugs and hence, were entitled to run a Primary Health Care Clinic in rural areas.
Advocate D. Ashok Kumar appeared for the petitioners while Additional Government Pleader U. Baranidharan appeared for the respondents.
In this case, the petitioners sought to forbear the respondents from interfering with their practice in the field of Community Medical Service and Essential Drugs. The case of the petitioners was that the they have completed Diploma in Community Medical Service and Essential Drugs which is a two years Course and are entitled to run Primary Health Care Clinic in rural areas.
According to the petitioners, they never posed themselves as Doctors and were practising only in the field of Community Medical Service and Essential Drugs and there was no impediment whatsoever in carrying out such practice, but, the respondents were interfering with their practice. Hence, they approached the High Court regarding the same.
The High Court after hearing the arguments of the counsel noted, “Before deciding the issue, it is useful to extract hereunder the relevant provisions of the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018.”
The Court also extracted the relevant portion of the order passed by the Madurai Bench in W.P. Nos. 20217 of 2019.
“… the claim made in the writ petitions cannot be entertained and the relief sought for in these petitions cannot be granted”, said the Court.
Accordingly, the Court dismissed the writ petitions.
Cause Title- K. Ganesan v. Government of Tamil Nadu & Ors.
