Diploma holders cannot run clinic: Madras HC

CHENNAI: The Madras High Court dismissed the writ petitions filed by the diploma holders in Community Medical Service and Essential Drugs seeking an order to the government not to stop them from running the Primary Health Care clinic in rural areas and said that the petitioners are not entitled to run a clinic anywhere in Tamil Nadu.

K Ganesan and other diploma holders moved the Madras High Court seeking an order to the government not to stop them from running the Primary Health Care Clinic in rural areas.

When this writ petitions came up for hearing before Justice M Dhandapani, Counsel D Ashok Kumar appeared for the petitioner contended that the petitioners have completed Diploma in Community Medical Service and Essential Drugs which is a two year course and are entitled to run Primary Health Care Clinic in rural areas and the frequent interference made by the police department, the Heath and Family Welfare department officials and district administration are not sustainable one.

Assailing this, the Additional Government Pleader U Baranidharan submitted that if the petitioners are entitled to run a clinic, they have to make an application under the Tamil Nadu Clinical Establishments (Regulation) Act, 1997 and obtain permission for establishing a clinic.

"In the absence of any permission, the petitioners are not entitled to run a clinic either in the rural areas or anywhere in Tamil Nadu," he added.

The pleader also pointed out the Madurai Bench of Madras High Court's similar order and said that the court categorically observed that 'in respect of their claim of obtaining Diploma in Electro Homeopathy, are issued by some private institutions without affiliation to anyone of the statutory bodies/universities recognized by the Acts of the parliament. Having obtained diplomas from such institutions, the petitioners are estopped from claiming any right either to register themselves in the roles of the statutory council or practice in that particular stream of medicine.

Hearing the arguments, the court said that Registered Medical Practitioner means a person who posses any of the government recognised medical qualification and who has been enrolled in the register of the respective 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 and 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 dismissed the writ petitions saying that the claim made in the petitions cannot be entertained and the relief sought for in these petitions cannot be granted.