Petitioner vs Union Of India
2022 Latest Caselaw 11105 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 24.06.2022

                                                      CORAM :

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P.No.16769 of 2010
                                               and MP No.1 of 2010

                                                                                                    ... Petitioner
           P.Amuthaveni R.I.M.P., P.M.P.,

                                                          .Vs.

           1.Union of India
             Rep.by its Secretary to Government of India
             Ministry of Health and Family Welfare Department
             New Delhi.

           2.The State of Tamil Nadu
             Rep.by its Commissioner and Secretary to Government
             Health and Family Welfare Department
             Fort St.George, Chennai 600 009.

           3.The Director General of Police
             State of Tamil Nadu
             Mylapore, Chennai-4.

           4.The Medical Council of India
             Rep.by its Secretary
             Pocket-14, Sector-8
             Dwaraka Phsase-1
             New Delhi -110 077.                                                              ... Respondents


           Prayer : Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of
           Mandamus, forbearing the respondents from taking penal action against this petitioner under
           the provisions of Medical Council Act, 1956 and Drugs and Cosmetics Act 1940 and direct the
           2nd respondent to regularize the service of this petitioner as a Private medical Practitioner.


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                                  For Petitioner      : Mr.K.Rajendra Prasad

                                  For Respondents     : Mr.T.K.Saravanan
                                                        Government Advocate
                                                        for R 2 & R 3

                                                        Mrs.Shubharanjani Ananth
                                                        Standing Counsel for NMC
                                                        for R 4


                                                              ORDER

This writ petition has been filed for the issue of a writ of mandamus forbearing

the respondents for taking penal action against the petitioner and to recognize the petitioner

as a Private Medical Practitioner.

2.Heard Mr.K.Rajendra Prasad, learned counsel for the petitioner,

Mr.T.K.Saravanan, learned Government Advocate for R 2 & R 3 and Mrs.Shubharanjani

Ananth, learned Standing Counsel for R 4

3.A careful reading of the affidavit filed by the petitioner shows that the petitioner

does not possess any qualification to practice in the field of medicine. The petitioner claims to

be a member of the Private Medical Practitioners of India. The learned Special Government

Pleader brought to the notice of this Court the Division Bench judgment in All India

Association of Private Medical Practitioners .v. State of Tamil Nadu reported in

2002 4 CTC 577 and submitted that unqualified persons cannot be permitted to practice

medicine and he specifically relied upon para 10 to 12 of the judgment.

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4.On carefully going through the judgment of the Division Bench, it is seen that

the Division Bench has deprecated the practice of permitting persons without qualification in

the field of medicine and held that the so called guidelines for the Private Medical Practitioners

does not have the force of law and it cannot run contrary to the provisions of the Statute.

5.In view of the above, this Court does not find any merits in this writ petition

and accordingly, the same is hereby dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

24.06.2022

KP Internet: Yes Index: Yes/No To

1.Union of India Secretary to Government of India Ministry of Health and Family Welfare Department New Delhi.

2.The State of Tamil Nadu Commissioner and Secretary to Government Health and Family Welfare Department Fort St.George, Chennai 600 009.

3.The Director General of Police State of Tamil Nadu Mylapore, Chennai-4.

4.The Medical Council of India Rep.by its Secretary, Pocket-14, Sector-8 Dwaraka Phsase-1, New Delhi -110 077.

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N.ANAND VENKATESH. J., KP

W.P.No.16769 of 2010

24.06.2022

https://www.mhc.tn.gov.in/judis