Read Time: 07 minutes

Synopsis

The Madras High Court recently ordered strict action against an individual who was found to be practicing medicine without the necessary qualifications and licenses. During the hearing in a writ petition, it was revealed that the petitioner himself had been giving Allopathy treatment to the patients without having the necessary qualifications.

The evidence showed that the petitioner had only completed Electro Homoeopathic Medicine course and was practicing Allopathy at his nursing home. The court was told that no action had been taken against the petitioner and his nursing home over this by the officials. 

Fake Doctors are menace to society. Some persons by calling themselves as Medical Practitioners with the help of Diploma certificate issued under various other Indian Systems of Medicine and practicing Allopathy system of Medicine is a serious issue and such pseudo doctors are playing with the life of innocent people, who are coming to them believing that they are genuine Doctors, court observed. 

The bench of Justice K Murali Shakar emphasised that the government is duty-bound to deal with such persons with iron hands.

Court directed the District Collector, Deputy Director of Health Services, and other relevant authorities to verify whether the petitioner and others employed at the petitioner's nursing home possessed the necessary qualifications to practice Allopathy. If they are found to be unqualified, the Court ordered that appropriate legal action be taken against the petitioner within three months.

The petition was filed by one Amrithlal, who operated two businesses: "Surya Nursing Home" and "AMK Medical Shop." The petition challenged an order from the Director of Public Health and Preventive Medicine, which denied his request for a refund of a fine that had been collected from him for violation of covid norms at this nursing home and medical shop. 

During the hearing, it was revealed that the Block Medical Officer had submitted a report to the Deputy Director of Health Services, alleging that some individuals at the petitioner’s nursing home were administering Allopathy treatment to patients without the required qualifications.

The Special Government Pleader also informed the court that the petitioner himself was not a qualified doctor. While qualified doctors occasionally visited the nursing home, the petitioner had been treating patients as though he were a licensed physician, he apprised the court.

The official respondents also presented a prescription from Surya Nursing Home, which listed the names of MBBS doctors, followed by the petitioner’s name, Dr. K. Amrithalal, D.E.H.M.S. When the court questioned the petitioner’s qualifications, he produced a diploma certificate from the Indian Institute of Alternative Medicines, indicating that his training was in Electro Homoeopathic Medicine.

The court found that the petitioner not only failed to show that at the time of the inspection of his nursing home and medical shop, there was compliance with the rules, regulations, and guidelines issued by the government, but also could not prove before the court that he was qualified to practice allopathy.

Consequently, the court dismissed the petition and ordered an inquiry into the petitioner's qualifications.

Case Title: K.Amirthalal v. The Director of Public Health and Preventive Medicine and Others