Madras High Court
Physiotherapists Development ... vs 2 The Secretary on 17 August, 2022
W.P.No.21225 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2022
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.21225 of 2014
MP No.1 of 2014
Physiotherapists Development Association,
(Regn No.40/2014), Represented by its Secretary
Dr.S.Rajasekar (PT),
Gayathri Complex,
Opp. To Government Arts College,
33/164, Cherry Road,
Salem 636 007 ....Petitioner
Vs.
1 State of Tamilnadu
Rep. by its Principal Secretary to the
Government Department of Health and Family
Welfare, Fort St. George, Chennai-600 009.
2 The Secretary,
Medical Council of India, Pocket 14, Sector 8,
Dwaraka Phase I New Delhi-110 077. ..Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution
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1/9
W.P.No.21225 of 2014
of India praying to issue a Writ of Declaring that the sentence He
shall not use Dr before his name and prescribe drugs in the draft
Rule2 (e) to the Annexure to G.O.Ms.No.338 Health and Family
Welfare Department of Tamilnadu dated 16.10.2008 with
amendments to G.O.Ms.No.281 Health and Family Welfare (Z1)
Department of Tamilnadu dated 09.09.2009 as unconstitutional
and ultravires to Articles 14 and 19(1) (g) of the Constitution of
India.
For Petitioner : Mr.M.Ramamoorthi
For Respondents : Mr.A.Selvendran
Special Government Pleader
for R1
Ms.Subharanjani Ananth
Standing Counsel for R2
ORDER
This writ petition has been filed questioning the
Government orders which prevents a physiotherapist from using
the word “Dr” before their name.
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W.P.No.21225 of 2014
2. The 1st respondent has filed a counter affidavit and
the relevant portions in the counter affidavit are extracted
hereunder:-
(D) The Hon'ble Supreme Court of India, in the matter
titled as "PoonamVerma Profession from specialities.
versus Ashwin Patel, CA No.8856/1994, dated. 10.05.1996
has held that: "A person who does not have knowledge of a
particular System of medicine but practices in that system
is a Quack and a mere pretender to medical knowledge or
skill, or to put it differently, a Charlatan" in view of the
above landmark judgment, it is stated that the person who
possesses recognized qualification/knowledge of a
particular system of medicine is only authorized to
practice in that particular system of medicine. If a person
practices in any other system of medicine of which he does
not possess recognized qualification/ knowledge, then that
person would be considered as a quack i.e. a mere
pretender to medical knowledge or skill, or a charlatan.
There are three major systems of medicines in India i.e..(1)
Allopathic or modern system of medicine, (2) Ayurvedic,
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W.P.No.21225 of 2014
Siddha or Unani Tibb system of medicine and (3)
Homeopathic system of medicine. Difference Central and
State Legislations, Laws and Acts have been enacted for all
the three systems of medicine. It is pertinent to mention
herein that all the three systems of medicine do not allow
crosspathy i.e., a person who has obtained a recognized
qualification / knowledge of a particular system of
medicine is only authorized to practice that particular
system of medicine and not any other. Further, penal
actions are also there if a person practices some other
system of medicine of which he has not obtained a
recognized qualification.
The persons who have recognized qualification as per the
Council Act, 1956 and who are registered with the Indian
Medical Council or State Medical Council as per the Indian
Medical Council Act, 1956 are the persons who are allowed
to practice modern system of medicine as per the Indian
Medical Council Act, 1956. Similarly, the persons who have
recognized qualification as per the Indian Medicine Central
Council Act, 1970 and who are registered with the Indian
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W.P.No.21225 of 2014
Medicine Central Council or the respective State Medicine
Councils are the persons who are allowed to practice the
medicine system of Ayurveda, Siddha or Unani. Also, the
persons who have recognized qualification as per the
Homoeopathy. Central Council Act and who are registered
with the Homoeopathy Central Council or the respective
State Councils are the persons who are allowed to practice
the medicine system of Homoeopathy.
Accordingly, only the persons practicing modern system of
medicine or AYUSH are allowed to use "Dr." before their
name as they are the only persons who are termed as
Doctors.
In view of the above, it is stated that the physiotherapist
is not allowed to practice medicine and / or to prescribe
drugs especially the Scheduled Drugs as mentioned in the
Drugs and Cosmetics Act on their own as they do not
possess recognized qualification as mentioned in Indian
Medical Council Act, 1956, Indian Medicine Central Council
Act and Homoeopathy Medicine Central Council Act. Also,
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W.P.No.21225 of 2014
they cannot claim themselves to be a specialist medical
practitioner and by prefixing the word "Dr." with their
name in their prescription. If the physiotherapists is doing
the same, creating an impression on the patient that they
are medical consultant which is an offence in the eyes of
law and the said person is a Quack as stated by the Hon'ble
Supreme Court.
3. Heard the learned counsel for the petitioner and
Mr.A.Selvendran, learned Government Advocate for 1st
respondent and M/s.Subharanjani Ananth, learned counsel for 2nd
respondent.
4. In the considered view of this Court a physiotherapist
only provides a supportive treatment of Medicine and they
cannot become the part of alternative system of medicine in
order to confer the title of a Doctor which allows them to
independently practice, diagonise and treat patients. As rightly
contended by the learned Special Government Pleader, the title
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W.P.No.21225 of 2014
of a Dr. is only conferred on those persons who possess
recognized qualification as per the Indian Medicine Central
Council Act and who are registered before the concerned State
Medical Councils.
5. In view of the above, a physiotherapist does not have
the right to use Dr. as a prefix before the name and this Court
does not find any merits in this writ petition.
6. In the result, this writ petition stands dismissed. No
costs. Consequently, the connected miscellaneous petition is
closed.
17.08.2022
rka
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W.P.No.21225 of 2014
To
1 State of Tamilnadu
Rep. by its Principal Secretary to the
Government Department of Health and Family
Welfare, Fort St. George, Chennai-600 009.
2 The Secretary,
Medical Council of India, Pocket 14, Sector 8,
Dwaraka Phase I New Delhi-110 077.
https://www.mhc.tn.gov.in/judis
W.P.No.21225 of 2014
N.ANAND VENKATESH,J.,
rka
W.P.No.21225 of 2014
17.08.2022
https://www.mhc.tn.gov.in/judis
