The main legal point established in the judgment is the requirement for recognized medical qualifications and registration under relevant legislation for the practice of medicine, emphasizing the importance of scientific and logical thinking in the medical profession.

M. Katju, J.—This special appeal has been filed against the order of the learned single Judge, dated 29.4.2004.

2. We have heard learned counsel for the parties.

3. In D. K. Joshi v. State of U. P., 2000 (3) AWC 1845 (SC) : (2000) 5 SCC 80, it was brought to the notice of the Supreme Court that unqualified and unregistered persons are carrying on medical profession in the State of U. P. The Supreme Court was distressed to note that inspite of the direction to the U. P. Government to check this malpractice the District Magistrates and the Chief Medical Officers in the State had not taken effective steps to stop this menace which is hazardous to human life. The Chief Medical Officers only forwarded the names of the unauthorised medical practitioners to the District Magistrates but no follow up action was taken. It was also noted that after being warned the unqualified/unregistered Doctors have shifted to neighbouring districts. The Supreme Court issued several directions in para 6 of the said judgment to stop the carrying on of the medical profession in U. P. by unqualified/unregistered persons and in addition to take the following steps :

(i) All District Magistrates and the Chief Medical Officers of the State shall be directed to identify within a time limit to be filed by the Secretary all unqualified/ unregistered medical practitioners and to initiate legal action against these persons immediately ;

(ii) All District Magistrates and the Chief Medical Officers shall monitor the legal proceedings initiated against such persons ;

(iii) The Secretary, Health and Family Welfare Department, U. P., shall give due publicity of the names of such unqualified/unregistered medical practitioners so that people do not approach such persons for medical treatment ;

(iv) The Secretary, Health and Family Welfare Department shall monitor the actions taken by all District Magistrates and all Chief Medical Officers of the State and issue necessary directions from time to time to these officers so that such unauthorised persons cannot pursue the medical profession in the State."

4. A contempt petition was moved before the Supreme Court alleging that the directions of the Court have not been complied with. By its order dated 8.10.2001 the contempt petition was dismissed by the Supreme Court with the direction that the petitioner can move the High Court for the relief sought for. Thereafter Contempt Petition No. 820 of 2002 was filed in this Court in which notices were issued to the respondents namely Chief Secretary, U. P. Secretary, Health and Family Welfare, District Magistrate, Meerut and Chief Medical Officer, Meerut. Other authorities were also impleaded as parties and were required to take action. The successive Principal Secretaries Medical Health, U. P., filed their affidavits including the action taken and the report of the Chief Medical Officers. In the report submitted by Director Medical Health, U. P., it was mentioned that the Community Health Centres are not providing adequate medical care which is almost absent in the rural areas. The Medical Council of India was also impleaded and filed its affidavit.

5. The learned single Judge after calling reports and the affidavits of successive Principal Secretaries, Medical Health, U. P., considered the matter in detail and issued the following directions :

(1) All the Hospitals, Nursing Homes, Maternity Homes, Medical Clinics, Private Practitioners, Practising medicine and offering medical and health care services pathology labs, diagnostic clinics, whether run privately or by firms, societies, trusts, private limited or public limited companies in the State shall register themselves with Chief Medical Officer of the district where these establishments are situate, giving full details of the medical facilities offered at these establishments, the names of the registered and authorised medical personnel practising, employed or engaged by them, their qualifications with proof o