Madras High Court
V.S.Periasamy vs Union Of India on 24 June, 2022
W. P . N o . 1 3 7 6 3 of 20 1 0
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2022
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.13763 of 2010
and MP No.1 of 2010
V.S.Periasamy ... Petitioner
.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,
New Delhi. ... Respondents
(R4 impleaded as per order dt.30.06.2010)
in WP.No.13763 of 2010 by VDBP)
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.
1/4
https://www.mhc.tn.gov.in/judis
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For Petitioner : Mr.K.Rajendra Prasad
For Respondents : Mr.R.Kumaravel
Additional Government Pleader
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.R.Kumaravel, learned Additional Government Pleader 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.
https://www.mhc.tn.gov.in/judis
W. P . N o . 1 3 7 6 3 of 20 1 0
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,
New Delhi.
https://www.mhc.tn.gov.in/judis
W. P . N o . 1 3 7 6 3 of 20 1 0
N.ANAND VENKATESH. J.,
KP
W.P.No.13763 of 2010
24.06.2022
https://www.mhc.tn.gov.in/judis
