S. Senthil Andavan v. Secretary to Government of India
2016-02-22
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : The petitioner seeks for a Mandamus forbearing the 3rd respondent not to interfere in his medical practice on the light of Apex Court Judgment based on his representation, dated 13.01.2015. 2. The learned counsel appearing for the petitioner would contend that the petitioner is possessing basic qualification in Homeopathy, Unani or Siddha and also he is also possessing Diplama Degree in Community Medical Service and Essential Drugs. The Government of Tamil Nadu issued a Gazettee on 26.02.2014, wherein 129 persons have been approved and enrolled in the Register of Priessnitz Institute of Naturopathy as Registered Naturopathy Medical Practice. In the said gazette, the petitioner's name was also mentioned. The Supreme Court has also permitted those, who got license, to medical practice. But the police officials of the Kattuputhur Police Station have been continuously harassing the petitioner. Therefore, the petitioner filed a criminal orginal petition in Crl.O.P(MD)No.7718 of 2012 before this Court seeking a direction not to harass. This Court, by an order, dated 20.06.2012, allowed the said petition. Thereafter, the police official of Kattuputhur Police Station stopped their harassment for some period and once again now they have started. Subsequently, the petitioner filed Crl.O.P(MD)No.20424 of 2014 seeking a direction not to harass. But on the basis of ununanimous letter by the Human Rights Association, the Health Department harassing the petitioner that he should not use allopathic medicine. According to the petitioner, he is one of the Naturopathy Medical Practitioners. Therefore, he sent a detail representation to the respondents dated 13.01.2015. Even after receiving the same, the 3rd respondent has not stopped his harassment. Therefore, the petitioner has come to this Court with the relief as stated supra. 3. In this connection, the learned counsel for the petitioner would also rely upon the unreported order of this Court dated 08.03.2011 made in W.P(MD)No.10343 to 10346 of 2010. The relevant paragraphs of the said order read as follows:- 6. The only point for consideration in all these writ petitions is that whether the petitioners, who are members of Tamil Nadu Siddha/Homeopathy Medical Council, are harassed by the police under the guise of anti quackery action.
The relevant paragraphs of the said order read as follows:- 6. The only point for consideration in all these writ petitions is that whether the petitioners, who are members of Tamil Nadu Siddha/Homeopathy Medical Council, are harassed by the police under the guise of anti quackery action. In the affidavit filed in support of the petitions, all the petitioners are specifically contended that they are all qualified and also registered members in the respective fields and they also administer harmless allopathic medicines in the case of emergency on the basis of the knowledge acquired during their training. In this connection, this Court is brought to the notice of the circular of the Government dated 15.06.2010 which reads as follows; "I am also to inform that the High Court of Madras in its order, dated 05.01.2010 in W.P.No.22155 of 2009 and order dated 23.02.2010 in W.P.No.30259 of 2009 has directed to take action against the persons who are practicing medicine without any valid licence. The High Court Madras in its order dated 07.04.2006 in M.P.No.10746 of 2006 and W.P.No.9648 of 2006 has granted interim injunction restraining the Director General of Police from interfering with the professional practice of such of those members who hold valid Registration Certificate issued from the Tamil Nadu Siddha Medical Council. I am therefore to request you to instruct the Police Officers in the Districts not to intervene with the Practice of Registered Practitioners of Siddha, Ayurveda, Unani and Naturopathy who are registered in the Tamil Nadu Siddha Medical Council and Tamil Nadu Board of Indian Medicine. If any of these ISM Doctors are exclusively doing practice in Allopathy Medicine, names of these Doctors may be intimated to the Council and the Government for taking action against them under the Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act 1997 and Tamil Nadu Board of Indian Medicine Rules. The cases of the Doctors who are already under arrest may be reviewed with reference to the above clarification." 7.
The cases of the Doctors who are already under arrest may be reviewed with reference to the above clarification." 7. Pursuant to this circular of the Government, the Principal Secretary to Government by proceedings, dated 16.06.2010 has sent a letter to the Director General of Police, Chennai stating that the above instructions are also applicable to the Registered Medical Practitioners under Homoeopathy system and he is also requested to follow the instructions issued in the Government letter cited supra in respect of the Registered Practitioners of Homoeopathy also who are registered in the Tamil Nadu Homoeopathy Medical Council. 8. The learned Additional Government Pleader would contend that the Government is only following the Rule and whenever they found persons practicing Allopathy without any required qualification, necessary action would be taken in accordance with law and also by following the procedures contemplated under the circular of the Government, dated 15.06.2010. Therefore, he would submit that there is no violation on the part of the respondents and what ever action taken by the respondents is in consonance with the circular issued by the Government. 9. Though the petitioners sought a Mandamus not to harass them under the guise of anti-quackery action, the learned Additional Government Pleader would submit that necessary actions are taken only as per the circular issued by the Government and there is no violation of law. 10. Insofar as the petitioner in W.P.(MD).No.10345 of 2010 is concerned, a criminal complaint in Cr.No.79 of 2010, under Section 419 IPC and 15(1)(3) of Indian Medical Council Act, 1956 was registered in Alangulam Police Station. Insofar as the other petitioners are concerned, they are reviewed as per the circular issued by the Government. Hence, the apprehension of the petitioners are unwarranted at this stage. Recording the submissions of the learned Additional Government Pleader to the effect that the respondents are strictly following the circular, dated 15.06.2010 issued by the Government, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 4. In view of the above, the respondents are directed to consider the representation of the petitioner dated 13.01.2015 and pass orders on merits and in accordance with the above said order made in W.P(MD)No.10343 to 10346 of 2010 dated 08.03.2011, as expeditiously as possible. 5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.