Legal practice in healthcare necessitates compliance with statutory registration requirements to protect public health.

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

Writ order dated 04.01.2022 in W.P. No.14751 of 2020 is under challenge in the present intra-court appeal filed under Clause 15 of Letters Patent.

2. Writ petitioner is the appellant before this Court. Writ petition has been instituted challenging circular dated 25.09.2020 issued by Director of Indian Medicine and Homeopathy, Chennai informing the public that fake doctors are practising acupuncture across the State and in the event of any doubt, complaints can be registered before Superintendent of Police or District Collector concerned for initiation of appropriate action by the competent authorities. Circular has been issued in the nature of warning to the public in general providing information that fake acupuncture doctors are practising and treating patients, which may cause injury to health of citizens. Writ Court considered the issues and dismissed the writ petition.

3. Learned counsel for appellant would mainly contend that National Commission for Allied and Healthcare Professions Act, 2021 (Central Act 14 of 2021) came into force in the year 2021. Even before that, appellant and several other medical practitioners were practising acupuncture across the State. There was no registration on earlier occasion. That apart, no State Council has been constituted in consonance with the provisions of the Act and therefore circular issued by Director of Indian Medicine and Homeopathy, Chennai is affecting the right to practice acupuncture by appellant as well as other practitioners. It is further contended that appellant has undergone two year Diploma course in acupuncture and it is a valid course for practising acupuncture.

4. Learned special counsel for respondents 2 to 4 would oppose by stating that pursuant to National Commission for Allied and Healthcare Professions Act, 2021 (Central Act 14 of 2021), Government of Tamil Nadu framed Rules and notified the same on 15^th December, 2023 viz., The Tamil Nadu Allied and Healthcare Professions Rules, 2023. Rule 13 provides eligibility for registration as under:

'13.Eligibility for registration.- Any person who possesses the allied and healthcare qualification as defined in the Act, shall be eligible for registration of his name under the Act.'

5. Rule 14, which speaks about registration reads as under:

'14. Registration.- (1) Any person seeking registration under section 33 of the Act shall apply to the Secretary in Form I furnishing full particulars of the information required therein together with the original degree/diploma/certificate and a photostat copy along with the original challan for payment of fee prescribed in rule 9.

(2) Every applicant for registration, shall in all cases, specify in the application, the names and address of at least two persons willing and able to give evidence of good moral character of the applicant, along with the character certificates.

(a) of whom, one shall be a Medical Practitioner and not a relative of the applicant, and who knows the applicant personally for not less than three years; and (b) another person in whose employment the applicant is on the date of application or who has employed the applicant at any time within two years prior to such date or from the Gazetted officer in case of the applicant is unemployed.

(3) The Secretary or a person authorized in this behalf, shall acknowledge the receipt of application for registration in Form-II.

(4) The Secretary shall register the name of the applicant within a period of three months from the date of receipt of the application, complete in all aspects. After entering the name in the State Register, the original certificate(s) shall be returned to the appl