'Practising Medicine Without Qualification & Hoodwinking Rural People': Karnataka HC Denies Registration To 'Doctor' Who Studied Paramedical Course

The Karnataka High Court has dismissed a plea to quash an endorsement by the state authorities refusing to issue a registration certificate under the Karnataka Private Medical Establishments Act to a person who pursued para-medical studies and was practising as a doctor for several years at his clinic. 

A single judge bench of Justice M Nagaprasanna said “It is rather strange as to how the petitioner addresses himself as a practicing doctor for all these year's. Time has come to pull the curtain down on such people who are practicing medicine without qualification and hoodwinking poor people in rural areas.”

The bench observed while dismissing a plea filed by one Dr Annaiah N, who had approached the court seeking to quash an endorsement dated 25-09-2023 issued by the District Health and Family Officer and Member Secretary of the Committee of Registration under the Act.

It was submitted that a medical practitioner who wants to set up a private practice under the Karnataka Private Medical Establishments Act, 2007 would have to apply under the Act and once registration was approved he would be entitled to practice. Accordingly, the petitioner argued that he applied online for registration of his clinic under the Act.

It was claimed by the petitioner that he being qualified, was entitled to practice medicine, since the Act did not differentiate between medical practitioners but only defined medicine and not any form of medicine as such.

The government opposed the plea stating that doctors like the petitioner, were practicing allopathy without there being any qualification to so practice.

The bench on going through the records noticed that the petitioner has a Diploma in Community Medical Services with Essential Drugs, conferred by the Indian Council of Medico Technicals and Health Care, which was a Para-medical course.

It observed, “If the nature of the course that the petitioner has undergone is considered on the bedrock of the provisions noted hereinabove, it would become unmistakably clear that the qualification possessed by the petitioner does not make him a 'Private Medical Practitioner' as found in Section 2(k) of the Act, as paramedical study that the petitioner has undergone is not the one that is found in Section 2(k).”

The bench held that Section 2(k) was exhaustive and that the petitioner was not a medical practitioner.

He is a paramedical practitioner. Being a paramedical practitioner, he is not entitled to any registration under the Act, which is sine qua non for continuation of practice as a medical practitioner. He is not a doctor as defined under the Act. He is also not one of those practitioners as defined under the Act. Without being so, he claims to have practiced for ages now at Kolar and would obviously be even prescribing medicine. His practice as averred in the petition is allopathy as well and calls himself a doctor, it held.

Accordingly, the plea was dismissed. 

Appearance. Advocate Prakasha M for Petitioner.

AGA Navya Shekhar for Respondents

Citation No: 2023 LiveLaw (Kar) 502.

Case Title: Dr. Annaiah N AND State of Karnataka & others.

Case No. Writ Petition No. 23267/2023.

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