Without MCI or AYUSH Dept nod, Diploma Holders cannot run Clinics: Madras HC

Chennai: In a recent judgment, the Madras High Court bench has stated that in the absence of any recommendation from the erstwhile Medical Council of India (MCI), now National Medical Commission (NMC) or AYUSH Department, Diploma holders cannot run a clinic anywhere in the State.

Further, the HC bench of Justice M Dhandapani has also clarified 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."

This observation was made by the Court while it was considering a plea by Diploma holders who sought the intervention of the court to restrain the health department from interfering with the petitioners running primary healthcare clinics.

It was argued by the petitioners that after completing Diploma in Community Medical Service and Essential Drugs Course for two years, they are entitled to run Primary Health Care Clinics in rural areas.

They further submitted that they never posed themselves as Doctors and they practise only in the field of Community Medical Service and Essential Drugs and there was no impediment to carry out such practice. 

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On the other hand, the counsel for the Government submitted that if the petitioners were entitled to run a clinic, they would have to apply under the Tamil Nadu Clinical Establishments (Regulation) Act, 1997, and obtain permission for setting up such a clinic. The Government pleader argued that in the absence of any permission, the petitioners were not entitled to run a clinic either in the rural areas or anywhere in Tamil Nadu.

It was contended by the Additional Government Pleader that as per Rule 2 (o) of the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018, 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 such as 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.

The counsel also pointed out that as per Rule 2 (i) of the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018 Doctor means and includes a Registered Medical Practitioner offering consultations or treatment under Allopathy or AYUSH.

Referring to this, the counsel for the Government submitted that unless the Medical Council of India or the AYUSH Department approve the qualification of the petitioners, they are not entitled to practice and run a clinic.

In this context, reliance was placed on the earlier order of the Madurai bench of the High Court where the court had held that 'in respect of their claim of obtaining Diploma in Electro Homeopathy, are issued by some private institutions without affiliation to anyone of the statutory bodies/ universities recognized by the Acts of the Parliament. Having obtained diplomas from such institutions, the petitioners are estopped from claiming any right either to register themselves in the roles of the statutory council or practice in that particular stream of medicine.'

Taking note of the submissions, the Madras HC bench also perused the relevant provisions of the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018 to refer to the definitions of doctors and registered medical practitioners. The bench also relied upon  the previous order passed by the Madras High Court bench.

Referring to the rules, the HC bench observed,

"...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."

Dismissing the petitions, the bench noted in the judgment,

"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. Hence, the claim made in the writ petitions cannot be entertained and the relief sought for in these petitions cannot be granted."

Medical Dialogues had previously reported that denying any relief to altogether 61 practitioners of alternative medicine, the Madras High Court bench had clarified last month that unqualified persons cannot claim any right to practice alternate medicines as its result can be disastrous. With this, the court had ordered the State to take action against unrecognised medical practitioners and institutes.

The court had directed the authorities not to allow the petitioners to continue their medical practice either in alternate medicine or in any other form of medicine in the absence of any valid medical certificate and without their names being registered in the Tamil Nadu Medical Council.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-high-court-order-207187.pdf

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