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Only registered medical practitioners with recommendation from MCI or AYUSH Department can run clinic: Madras HC

Team SoOLEGAL 10 Apr 2023 4:28pm

Only registered medical practitioners with recommendation from MCI or AYUSH Department can run clinic: Madras HC

New Delhi: The Madras High Court recently ruled that only registered medical practitioners with the approval of the Medical Council of India (MCI) or the Central government's AYUSH Department can operate primary health clinics or community health centres in rural areas [K Ganesan v The Government of Tamil Nadu].

In a March 31st 2023 decision, Justice M Dhandapani stated that only a doctor or registered medical practitioner who is recognised by the MCI is authorised to provide any type of medical care.

The court observed "the petitioners claim that they have completed Diploma in Community Medical Service and Essential Drugs and are entitled to run Primary Health Care Clinic in rural areas. However, the above said provisions makes it clear that 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," .

As a result, the Court denied a petition filed by K Ganesan asking the Tamil Nadu government and the State police to allow him to operate his primary health care centre in rural Tamil Nadu.

The court further observed that "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," .

Ganesan informed the Court that he had finished a two-year diploma programme in community medical services and elder care. He stated that he and his colleague ran a primary health care centre and a community health clinic in the Pollachi district. He also claimed that he and his colleagues never pretended to be doctors or registered medical professionals.

It was submitted that they only provide "community medical services," to which they are entitled based on their diploma certificates. Ganesan, on the other hand, claimed that he was constantly harassed by State authorities.

The State government, on the other hand, argued that the petitioners could not practise medicine or run a clinic unless their qualifications were approved by the MCI or the AYUSH Department.

The Court agreed, stating that a "registered medical practitioner" was defined as someone who held any of the "government recognised medical qualifications.” As a result, in the absence of a recommendation from the MCI or the AYUSH Department, the petitioners are not permitted to operate a clinic in Tamil Nadu.

 "As a result, the claim in the writ petitions cannot be entertained, and the relief sought in these petitions cannot be granted," the Court observed Ashok Kumar, an advocate, represented the petitioner Baranidharan, Additional Government Pleader, represented the respondent TN government.



Tagged: registered medical practitioners  
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