Only registered medical practitioners with recommendation from MCI or AYUSH department can run clinic: Madras High Court

The Madras High Court recently held that only those persons who are registered medical practitioners and have the recommendation of the Medical Council of India (MCI) or the Central government's AYUSH Department, can run primary health clinics or Community health centres even in rural areas [K Ganesan v The government of Tamil Nadu]. .In a judgment passed on March 31, Justice M Dhandapani of the Madras High Court said that only a doctor, a registered medical practitioner, recognised by the MCI is entitled to provide any form of medical care."The petitioners claim that they have completed Diploma in Community Medical Service and Essential Drugs and are entitled to run Primary Health Care Clinic in rural areas. However, the above said provisions makes it clear that Registered Medical Practitioner means a person who possess any of the Government recognised medical qualification and who has been enrolled in the register of the respective Council viz., Medical, Dental, Siddha, Ayurveda, Unani or Homeopathic Councils or the Board of Indian Medicine or any such Council, Board or any other statutory body recognised by the Government of Tamil Nadu and Doctor means and includes a Registered Medical Practitioner offering consultations or treatment under Allopathy or AYUSH," the Court said.The Court, therefore, rejected a plea filed by one K Ganesan, seeking a direction to the Tamil Nadu government and the State police to let him run his primary health care centre in rural Tamil Nadu. "In the absence of any recommendation from the Medical Council of India or from the AYUSH Department the petitioners are not entitled to run a clinic anywhere in Tamil Nadu," the Court underlined.Ganesan told the Court he had completed a two-year diploma course in community medical services and elder care. He said he and his colleague were running primary health centre and community health clinic in Pollachi district.He further submitted that he or his colleagues never pose or claim to be doctors or registered medical professionals. They merely provide "community medical services," which they are entitled to in view of their diploma certificates, it was submitted.However, he was facing constant harassment from the State authorities, Ganesan said. The State government, however, argued that unless the MCI or the AYUSH Department has approved the qualification of the petitioners, they cannot practice medicine or run a clinic.The Court agreed and said that a "registered medical practitioner" meant a person, who possessed any of the "government recognised medical qualification." Therefore, in the absence of any recommendation from the MCI or from the AYUSH Department the petitioners are not entitled to run a clinic anywhere in Tamil Nadu. "Hence, the claim made in the writ petitions cannot be entertained and the relief sought for in these petitions cannot be granted," the Court said. Advocate D Ashok Kumar appeared for the petitioner. Additional Government Pleader U Baranidharan appeared for the respondent TN government. .[Read Judgment]