Only those with recognized Medical qualification can set up Clinic: HC

As per a recent media report by the Hindu, the petitioner submitted that he obtained a diploma certificate in community medical service in 2005 after that he established his own clinic and wanted to get his establishment registered officially.

His diploma certificate was issued by the Indian Council of Medico Technicals and Healthcare. But his application for recognition of clinic under the Tamil Nadu Private Clinical Establishments (Regulation) Act was rejected by the Joint Director of Medical and Rural Health Services, Karur district. He approached the high court challenging the decision of the concerned authority.

According to The Hindu, the standing counsel for Tamil Nadu Medical Council C Karthik submitted that a person who has any of the government recognized medical qualification and was enrolled in the register of council or board or any other body which has been recognized by State can be termed as a registered medical practitioner.

He also referred to Rule 2 (1) (i) of the Tamil Nadu Clinical Establishments (Regulation) Rules which clearly stated that a doctor practicing and offering consultation or treating a patient under Allopathy or Ayush has also been termed as a registered medical practitioner.

Taking cognizance of the fact that the petitioner does not possess the required qualification in either of the above-mentioned systems of medication, Justice G. R. Swaminathan dismissed the plea of the petition. Hence, holding proper qualification as per the norms is an essential prerequisite of enlisting an establishment officially. 

As per the TAMIL NADU CLINICAL ESTABLISHMENTS (REGULATIONS) RULES, 2018, "Registered Medical Practitioner" means a person who possesses any of the Government recognized 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 recognized by the Government of Tamil Nadu.  On receipt of an application for registration of a clinical establishment, the competent authority shall, after satisfying itself that the applicant fulfills all the requirements of the Act and rules, grant a Certificate within one eighty days from the date of receipt of the application. The Certificate of Registration is non-transferable.) An appeal against an order of the competent authority rejecting an application for registration under subsection (2) of section 4 or an order of suspension or cancellation of registration under sub-section (2) of section 5 or any direction of the competent authority under section 6, shall lie to the Director of Medical and Rural Health Services, within thirty days from the date of receipt of that order or direction.