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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. LAKSHMINARAYANAN
M.G. Ethayarajan – Appellant
Versus
Director, Directorate of Medical and Rural Health Services, Chennai – Respondent
ORDER :
1. The present Writ Petition challenges the order passed by the second respondent in his proceedings in Ref.No.550/E4/2025 dated 24.02.2025 and for a further direction to the respondents not to interfere with the practice of medical profession by the petitioner, except in accordance with law.
Brief facts:
2. The petitioner is a medical doctor. He is running a clinical establishment under the name and style of “Irudhayams Hospital” at No.465/ABL Channel Bank Road, VN Puram, Nagercoil, Kanyakumari District. The affidavit and documents reveal that the petitioner completed his undergraduation in Medicine from Madurai Medical College in 1986. He registered himself as a practitioner with the Tamil Nadu Medical Council in 1987. Thereafter, he has undergone the following training:
(i) Special training in General Medicine with the Government Headquarters Hospital at Nagercoil;
(ii) Special training in Pediatrics at the same institution;
(iii) Special training in Dermatology at the same institution;
(iv) Special training in Cardiovascular cartography at at the Center of Advanced Research and Development (CARD), Bangalore;
(v) Diploma in Non-invasive Cardiology from Tashkent Medical Universit
The suspension of a medical practitioner's license was quashed due to violation of natural justice and lack of jurisdiction in enforcing external regulations.
Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.
The authority to regulate clinical establishments lies exclusively with the designated authority under the Clinical Establishments Act, rendering actions by others unauthorized and the allegations ag....
Suspension of registration under the respective enactments is permissible only under extraordinary circumstances in public interest, with reasons recorded in writing.
Practitioners of unrecognized medical systems like Electropathy cannot legally practice medicine without valid qualifications recognized by the Government.
The notice issued for disciplinary action against a medical practitioner must comply with mandatory procedural requirements, failing which it is considered void and unenforceable.
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