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HIGH COURT OF KERALA
V. G. Arun, J
SIDDHA MEDICAL ASSOCIATION OF INDIA, – Appellant
Versus
UNION OF INDIA, – Respondent
WP(C)/21659/2022
Clinical - Inclusion - Kerala Clinical Establishments [Registration and Regulation] Act, 2018 Section 14(1) - The court recognized the authority of the State Government to include members in the registering authority and directed consideration of the petitioner's representation for inclusion based on national standards.
Fact of the Case:
A registered association of Siddha Medical Officers requested the inclusion of its members in the District level registering authority as per the Kerala Clinical Establishments Act, citing existing provisions and previous representation.
Finding of the Court:
The court found that since a representative from the Siddha system was included at the national level, the State Government should similarly consider the association's request for representation.
Issues: Whether the petitioner association should be included in the District level registering authority as per the provisions of the Kerala Clinical Establishments Act.
Ratio Decidendi: The court emphasized that the State Government must consider the inclusion of practitioners based on the existing national framework for clinical establishments.
Final Decision: The court directed the State Government to consider the petitioner's representation within two months.
JUDGMENT
Dated this the 10th day of August, 2022 The petitioner, a registered association of Siddha Medical OfÏcers with more than 750 Siddha medical practitioners as members, 300 clinics and 1 medical college is aggrieved by the non-inclusion of its members in the District level list of registering authorities constituted in accordance with Section 14 (1) of Kerala Clinical Establishments [Registration and Regulation] Act, 2018 .
2. Learned Counsel for the petitioner submitted that, as per SO 1992 (E) dated 09.04.2021, the Central Government has constituted a National Council for Clinical Establishments, as provided under Sub section 1 of Section 3 of the Clinical Establishments [Registration and Regulation] Act, 2010. One among the representatives, elected by the Central Council of Indian Medicines is a practitioner of the Siddha system of medicines. Being so, Ext.P2 notification ought to be modified by making provision for including members of the petitioner association also. Pointing out these aspects, the petitioner has submitted Ext.P1 representation. The relief sought herein is for a direction to the 2nd respondent to consider the representation and take a decision thereon immediately.
3. Learned Government Pleader submitted that, as per Section 14 (1) of Kerala Clinical Establishments [Registration and Regulation] Act, 2018 , the Government is vested with the authority to decide on the persons to be included as members in the registering authority. It is in exercise of such power that Ext.P2 notification was issued.
4. Having heard the learned Counsel for the petitioner and the learned Government Pleader, I find that, inasmuch as the National Council has included one representative from among the practitioners of Siddha system of medicine as member, it is only appropriate for the State Government to consider the request made by the petitioner association.
The writ petition is accordingly disposed of, directing the 2nd respondent to consider Ext.P1 representation and take a reasoned decision thereon, within two months of receipt of a copy of this judgment.
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