IMPORTANT POINT
Only individuals with valid medical qualifications recognized by law are permitted to practice medicine, ensuring public safety.

JUDGMENT :

Manoj Kumar Tiwari, J.

By means of this writ petition, petitioners have sought the following reliefs:

“1- A writ, order or direction in the nature of mandamus commanding the Respondent No. 2 to register the Petitioners as Community Medical Services Practitioners.

2- A writ, order or direction in the nature of mandamus commanding the Respondents not to interfere in the peaceful practice of the Petitioners as Community Medical Services Practitioners till they are registered in accordance with law.”

2. According to petitioners, they successfully completed Community Medical Services (Essential Drugs) from a recognized institution situated in Sultanpur and certificate to this effect has been issued by Para Medical Council of India. It is further stated that petitioners are practicing as Community Medical Services Practitioner in Haldwani and providing medical services to needy persons. It is further stated that they have been trained in allopathic medicines and are also well trained to give first aid to patients. The grievance raised by them is against non-registration of their name by Bhartiya Chikitsa Parishad.

3. A short counter affidavit has been filed by Mr. S.S. Tolia, Joint Secretary, Department of Medical Health and Family Welfare, Uttarakhand. Para 2, 3, 4, 5 and 6 of the said short counter affidavit are extracted below:

“2. That this Hon’ble Court on 14.11.2017 has directed to seek instruction in the matter on the following aspects:-

(i) Whether petitioners and other persons, who possess Diploma in Community Medical Services (Essential Drug), are entitled to practice in the State of Uttarakhand.

(ii) Whether registration, if any, with Para Medical Council of India entitles any persons to treat patients and run clinics.

(iii) If answer to the aforesaid 2 queries is in the negative, then how many persons with similar qualifications are engaged in medical practice in State of Uttarakhand?

(iv) What efforts have been made by the State Government to identify unqualified and unauthorised persons who are engaged in medical practice in State of Uttarakhand.

3. That so far as the query in point no. 1 is concerned, in this regard it is submitted that there is no provision in the State of Uttarakhand to carry out the medical profession who possess Diploma in Community Medical Services (Essential Drug). It is further submitted that Section 13(2) Chapter IV of the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2015 provides that only the degree holders from the running establishments conducted by the degree holders of the recognized medical methods (as MBBS, BDS, BAMS, BUMS, BHMS, BSMS, Yoga, Naturopathy and Sowa Rigpa) shall be given provisional registration under the Clinical Establishment Act (Registration and Regulation) Act, 2010. True and correct copy of the relevant extract of Section 13(2) Chapter-4 of the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2015 is being annexed herewith and marked as Annexure S.C.A.-1 to this affidavit.

4. That so far as the query in point no. 2 is concerned, in this regard it is submitted that under Chapter-4 Section 13(2) of the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2015 provides that the provisional registration under the Clinical Establishment Act (Registration and Regulation) Act, 2010 shall be made any of the running establishment conducted by the degree holders of the recognized medical methods (as MBBS, BDS, BAMS, BUMS, BHMS, BSMS, Yoga, Naturopathy and Sowa Rigpa) shall be given the provisional registration.

5. That so far as the query in point no. 3 is concerned, in this regard it is submitted that as per the information received from all the Chief Medical Officers, in the State of Uttarakhand as per list/chart prepared till July 2016, there are 744 numbers of quacks are reported. Copy of the list/chart prepared till July, 2016 is being annexed herewith and marked as Annexure S.C.A.-2 to this affidavit.

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