The Madras High Court has recently held that only persons who have 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 centers even in rural areas.
Where in the judgment passed on March 31, Justice M Dhandapani of the Madras High Court stated that only a doctor, a registered medical practitioner, recognized by the MCI is entitled to provide any form of medical care.
The Court said that “The petitioners claim that they have completed Diploma in Community Medical Service and Essential Drugs and are entitled to run Primary Health Care Clinics in rural areas. However, the above-said provisions make it clear that Registered Medical Practitioner means a person who possesses any of the Government recognized 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 recognized by the Government of Tamil Nadu and Doctor means and includes a Registered Medical Practitioner offering consultations or treatment under Allopathy or AYUSH.”
Therefore, the Court rejected a plea filed by K Ganesan, seeking a direction from the Tamil Nadu government and the State police to let him run his primary health care center in Tamil Nadu’s rural area.
The Court underlined that “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.”
Ganesan told the Court that he completed a 2-year diploma course in community medical services and elder care.
He stated that he and his colleague were running a primary health center and community health clinic in the Pollachi district.
Further, he 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.
Ganesan said that he was facing constant harassment from the State authorities.
The State government argued that unless the MCI or the AYUSH Department has approved the qualification of the petitioners, they can’t practice medicine or run a clinic.
The Court agreed and stated that a “registered medical practitioner” meant a person, who possessed any of the “government-recognized medical qualifications.”
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. The Court said, “Hence, the claim made in the writ petitions can’t be entertained and the relief sought for in these petitions cannot be granted.”
