Identify And Act Immediately Against Clinics Run By Fake Doctors Hoodwinking Innocent People: Karnataka High Court Tells State Govt

The Karnataka High Court has directed the state government to immediately act, identify and pull the curtains down on those clinics which are run by "quacks" in the state.

Justice M Nagaprasanna said “It is these quacks, who project themselves to be Doctors are endangering the life of innocent rural people, by opening clinics in remote areas and hoodwinking them. Such instances have grown exponentially, which has resulted in mushrooming of such clinics all over, opened by the persons projecting themselves to be Doctors. It is un-understandable as to how the State is in blissful ignorance towards proliferation of such clinics without initiating any action.Therefore, it is for the State to immediately act, identify such clinics and pull the curtains down of those clinics, which are run by quacks like the case at hand, all in accordance with law”. 

The court has directed the Registry to transmit the order to the Secretary of the Health and Family Welfare for appropriate action on those clinics, which are being run by persons, who are not qualified in any stream of medicine. The action taken report is to be filed before the Registry in this Court.

The bench directed thus while dismissing a petition filed by one Dr A A Muralidharswamy, who admittedly is qualified with SSLC had approached the court seeking a direction to accept his application dated 25.03.2024, for registration of his clinic under the Karnataka Private Medical Establishments Act, 2007.

It was claimed by the petitioner that he has qualifications necessary to practice an alternative system of medicine with all rights, honours and privileges. He produced a certificate of the Indian Board of Alternative Medicine. Further, he has secured Diploma in Community Medical Services with Essential Drugs and has established a clinic called Sri Lakshmi Clinic in Mandya District and is said to be practicing for several years.

Findings:

The bench on going through the application noted that the petitioner addresses himself as a Doctor. He is the proprietor of Lakshmi clinic; he is the administrator of Lakshmi clinic and he is a full time employee of Lakshmi clinic. There is no other staff in the clinic. Therefore, the petitioner is running a one man clinic.

During the hearing, the petitioner failed to produce certificates, which would depict his qualification to practice any stream of medicine. On a pointed query of the court, the counsel appearing for the petitioner, accepted that the petitioner is only an SSLC and has not secured qualification in any stream, either Ayurveda, Allopathy or Unani, that would give him a right for registration under the Act or the Rules.

Following which the court said “The only certificate that the petitioner holds is a certificate said to have been issued by Indian Board of Alternative Medicine, that is way back on 09.01.2001. The certificate does not inspire any confidence, as there is no qualification indicated in the certificate.”

Then it held “It is plain and simple that the petitioner being an SSLC, cannot call himself a Doctor, much less, practicing as a Doctor. Therefore, no relief of the kind that is sought by the petitioner can be granted. The petition with the aforesaid observation should necessarily meet its dismissal.”

Appearance: Advocate Naik N.R for Petitioner.

HCGP Shamanth Naik for Respondents

Citation No: 2025 LiveLaw (Kar) 143

Case Title: Dr A A Muralidharswamy And State of Karnataka & Others

Case No: WRIT PETITION NO. 33364 OF 2024

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