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 against the petitioner arbitrary.

ORDER :

Nagesh Bheemapaka, J.

This Writ Petition is filed challenging Notice No. TSMC/L&DAQ/Ethics/42/A/2025 dated 29-01-2025 whereby petitioner was directed to appear before the Ethics Panel of the Telangana State Medical Council.

2. Petitioner’s case is that he had been serving as the Medical Director of Respondent No.3, i.e. Wellness NXP Private Limited, which is a duly registered clinical establishment forming part of a chain of six Wellness Hospitals which are operating in the State of Telangana. According to petitioner, he was responsible for overseeing the clinical functions of the institution, however, he tendered resignation from the said post on 1^st July, 2024. While so, the 2^nd respondent issued notice on 21.03.2024 addressing the Medical Superintendent of the Hospital in which allegations were levelled that hospital had sponsored and participated in felicitation programmes involving unqualified individuals, including registered medical practitioners and private medical practitioners and insinuating that the Hospital is encouraging quackery. The hospital submitted a detailed explanation clarifying that felicitation programme was conducted merely as a gesture of goodwill towards members of the para-medical, auxiliary, healthcare community which cannot be described as programme for unqualified medical practitioners.

2.1. Petitioner states that respondents, after realizing that they do not have the authority to issue such notices, issued notices directly to him on several dates to corner him. He further stated that after inspection, the authorities issued notices to the Hospital stating that they noticed certain irregularities and the same have been replied by the Hospital. Petitioner in his response to the authorities also clarified that he resigned from the post of the Medical Director and is not, therefore, connected with the responsibilities of the Hospital. However, he was served the third notice on 15-05-2024 followed by the another notice dated 18-06-2024 whereby he was directed to appear personally before the Ethics Committee and to submit various Hospital records pertaining to staffing, qualification and administrative policies. It is stated, he replied vide letter dated 16-7-2024 reiterating the facts stated in the earlier reply. He was further issued notice on 03-02-2025 levelling certain allegations about the violations of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation Act, 2002 as well as Section 34 of the National Medical Commission Act 2019 and he was sensitized regarding removal of his name from the Medical Register by invoking suitable provisions under Indian Medical Act, 1956. He further stated that Dr. Yeggana who is associated with the State Legal and anti-Quackery Committee circulated messages on 10-10-2024 in Whats App groups with regard to the subject issue and in the process, maligned petitioner. He further asserted that the authority who issued notices does not have the power to initiate any proceedings or to issue any such notices under Clinical Establishment Act, 2010. He further pointed out and relied upon certain Regulations and Acts in the process of establishing that notices were issued without power. Petitioner denied committing any irregularities or violations and contended that notices are to be declared as illegal and arbitrary.

2.2. The field relating to regulation, registration, inspection, and oversight of clinical establishments is comprehensively and exclusively governed by the Clinical Establishments (Registration and Regulation) Act, 2010. It is this statute, and not the Indian Medical Council Act or the Ethics Regulations of 2002 that prescri