BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K. ILANTHIRAIYAN, J.
The Institutionally Qualified Homeopathic Doctor's Welfare Association, Represented by its General Secretary, Dr. M. Fakhrudeen – Petitioner
Versus
The Secretary, Department of Ayush, Ministry of Health and Welfare, Government of India and Ors. – Respondents
W.P(MD)Nos.10041 of 2017, 4366 of 2019, 19305 of 2020, 19389 of 2021, 2588 of 2021, 6140 of 2021, 2778 of 2022, 3068 of 2022, 4022 of 2022 & 4072 of 2022 and W.M.P(MD)Nos.7693 of 2017, 16120 of 2021, 3470 of 2019, 16108 of 2020, 16109 of 2020, 2127 of 2021, 4775 of 2021, 2459 of 2022, 3479 of 2022 & 3480 of 2022
Decided On : 28-01-2025
ORDER :
(G.K. ILANTHIRAIYAN, J.)
W.P(MD)No.10041 of 2017 has been filed by the petitioner for a direction forbearing the respondents from interfering with the professional practice of the members of the petitioner's association and also from taking any action on the pretext of anti-quackery action against the members of the petitioner's association.
2.W.P(MD)No.4366 of 2019 has been filed by the petitioner for a direction directing the respondents to consider the representation seeking suitable amendments in the Tamil Nadu Clinical Establishments (Regulations) Rules, 2018 and to consider the grievances of the Doctors practicing in the Homeopathy System.
3.W.P(MD)No.19305 of 2020 has been filed by the petitioners challenging the circular issued by the third respondent dated 25.09.2020 insofar as Electropathy/Electro Homeopathy is concerned.
4. W.P(MD)No.19389 of 2021 has been filed by the petitioner challenging the order passed by the fourth respondent dated 21.09.2021 and the consequential impugned order passed by the third respondent dated 08.10.2021, thereby directing to monitor all other practice (Ayush) clinics whether they strictly adhere their system of medicine practice in their Districts. Further, directed to file a criminal case against the erring Doctor before the concerned Judicial Magistrate Court as per the Tamil Nadu Clinical Establishment Act, 1997.
5. W.P(MD)No.2588 of 2021 has been filed by the petitioner for a direction directing the respondents to consider the representation seeking not to interfere with their peaceful practice of Electro-Homeopathy/CMS and ED/Natural Therapy which they studied Diploma and Master Diploma in Electro- Homeopathy/Diploma in Community Medical Services and Essential Drugs/Diploma in Natural Therapy.
6. W.P(MD)No.6140 of 2022 has been filed by the petitioner for a direction directing the respondents not to interfere with the petitioner's peaceful practice of Electrohomeopathy.
7. W.P(MD)No.2778 of 2022 has been filed by the petitioner challenging the order passed by the sixth respondent dated 14.12.2021 thereby ordering to close the petitioner's Institution within a period of 7 days failing which action will be taken in accordance with law.
8. W.P(MD)No.3068 of 2022 has been filed by the petitioner for a direction directing the respondents not to disturb the petitioner's Institution.
9. W.P(MD)No.4022 of 2022 has been filed by the petitioner for a direction directing the second respondent not to disturb the petitioner's clinic.
10. W.P(MD)No.4072 of 2022 has been filed by the petitioner challenging the order passed by the seventh respondent dated 05.01.2022 thereby locked and sealed the petitioner's premises.
11. The issue in all the Writ Petitions is one and the same and as such, this Court passes the common order in all the Writ Petitions.
12. Some of the Writ Petitions have been filed by the Association, some of the Writ Petitions have been filed by individual person, who is running the Institution for Electropathy/Electro Homeopathy and some of the Writ Petitions have been filed by the individual practitioner, who is practicing Electropathy/Electro Homeopathy.
13. The members of the petitioner in W.P(MD)No.10041 of 2017 are qualified with B.H.M.S Degree awarded by the Tamil Nadu Dr.M.G.R Medical University, Chennai. They had also enrolled as a registered Medical Practitioner and they are eligible to practice respective systems with modern scientific medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Ophthalmology etc., based on the training and teaching. They made representation to the Government to practice in the Allopathy system of Medicine along with Homeopathy system of medicine. The Central Council of Indian Medicine Institution notified that the institutionally qualified practitioners of Ayurveda, Siddha, Unani Tibb are eligible to practice with modern scientific medicines. However, the Police personnels had intervened with the practitioners of Ayurveda, Siddh
Practitioners of unrecognized medical systems like Electropathy cannot legally practice medicine without valid qualifications recognized by the Government.
Practitioners of Electro Homeopathy may operate without a ban, but cannot confer degrees or use the title 'Doctor' until statutory recognition is established.
Registered Indian medicine practitioners are entitled to practice modern scientific medicine based on their training and education, and any action against them for alleged misconduct or unprofessiona....
A qualified medical practitioner cannot prescribe medications from a different medical stream unless legally authorized, emphasizing the necessity of proper complaint procedures in criminal charges.
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