ALOK KUMAR v. STATE OF UTTARAKHAND THROUGH SECRETARY

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further stated that petitioners are practicing as Community Medical Services Practitioner in Haldwani and providing medical services to needy persons. It is further stated that they have been trained in allopathic medicines and are also well trained to give first aid to patients. The grievance raised by them is against non-registration of their name by Bhartiya Chikitsa Parishad.

3. A short counter affidavit has been filed by Mr. S.S. Tolia, Joint Secretary, Department of Medical Health and Family Welfare, Uttarakhand. Para 2, 3, 4, 5 and 6 of the said short counter affidavit are extracted below:

"2. That this Hon'ble Court on 14.11.2017 has directed to seek instruction in the matter on the following aspects:-

(i) Whether petitioners and other persons, who possess Diploma in Community Medical Services (Essential Drug), are entitled to practice in the State of Uttarakhand.

(ii) Whether registration, if any, with Para Medical Council of India entitles any persons to treat patients and run clinics.

(iii) If answer to the aforesaid 2 queries is in the negative, then how many persons with similar qualifications are engaged in medical practice in State of Uttarakhand?

(iv) What efforts have been made by the State Government to identify unqualified and unauthorised persons who are engaged in medical practice in State of Uttarakhand.

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3. That so far as the query in point no. 1 is concerned, in this regard it is submitted that there is no provision in the State of Uttarakhand to carry out the medical profession who possess Diploma in Community Medical Services (Essential Drug). It is further submitted that Section 13(2) Chapter IV of the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2015 provides that only the degree holders from the running establishments conducted by the degree holders of the recognized medical methods (as

MBBS, BDS, BAMS, BUMS, BHMS,

BSMS, Yoga, Naturopathy and Sowa Rigpa) shall be given provisional registration under the Clinical Establishment Act (Registration and Regulation) Act, 2010. True and correct copy of the relevant extract of Section 13(2) Chapter-4 of the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2015 is being annexed herewith and marked as Annexure S.C.A.-1 to this affidavit.

4. That so far as the query in point no. 2 is concerned, in this regard it is submitted that under Chapter-4 Section 13(2) of the Uttarakhand Clinical Establishments (Registration and Regulation) Rules, 2015 provides that the provisional registration under the Clinical Establishment Act (Registration and Regulation) Act, 2010 shall be made any of the running establishment conducted by the degree holders of the recognized medical methods (as

MBBS, BDS, BAMS, BUMS, BHMS,

BSMS, Yoga, Naturopathy and Sowa Rigpa) shall be given the provisional registration.

5. That so far as the query in point no. 3 is concerned, in this regard it is submitted that as per the

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information received from all the Chief Medical Officers, in the State of Uttarakhand as per list/chart prepared till July 2016, there are 744 numbers of quacks are reported. Copy of the list/chart prepared till July, 2016 is being annexed herewith and marked as Annexure S.C.A.-2 to this affidavit.

6. That so far as the query in point no. 3 is concerned, in this regard it is submitted that in compliance to the order dated 24.04.2008 passed by the Hon'ble Supreme Court, the State Government Medical Section-2 had issued Government order no. 77/XXVIII-2-2009-169/2007 dated 12.02.2009 and in compliance thereof the Director General Medical Health and Family Welfare, Dehradun has issued office order dated 04.05.2009 directing to all the Chief Medical Officers of the State to identify all the quacks active in the State and take appropriate against them. It is further submitted that action are being taken by the Chief Medical Officers against the unregistered and untrained persons. It is also submitted here that for providing better medical health facility in the State the Clinical Establishment Act (Registration and Regulation) Act, 2010 is enforced under which the provisional registration under the Clinical Establishment Act (Registration and Regulation) Act, 2010 is enforced under which the provisional registration under the Clinical Establishment Act (Registration and Regulation) Act, 2010 are provided to those running establishment conducted by the degree holders of the recognized medical methods (as

MBBS, BDS, BAMS, BUMS, BHMS,

BSMS, Yoga, Naturopathy and Sowa Rigpa). True and correct copy of the

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Government order dated 12.02.2009 and office order dated 04.05.2009 are being annexed herewith and marked as Annexure S.C.A.-3 & 4 to this affidavit."

4. Learned State Counsel submits that the qualification possessed by petitioners is bogus. He has drawn attention of this Court to the documents enclosed at page 17, 18 and 19 of the writ petition, which are the marks sheet and certificate issued by Para Medical Council of India, where it is mentioned that Para Medical Council of India is working under guidance of M.H.R.D. and W.H.O. Learned State Counsel submits that every regulatory body, in respect of a professional qualification, is established under a Central or State Law, while the certificate/marks sheet issued by Para Medical Council of India does not indicate the legislation under which it has been established. Learned State Counsel further submits that State of Uttarakhand has established Uttarakhand Para Medical Council under a State legislation and a person who has obtained para medical qualification from an institute recognized by Uttarakhand Para Medical Council alone is entitled to get registered with the said Council.

5. This Court finds substance in the submissions made by learned State Council.

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The qualification possessed by petitioners appears to be bogus. Petitioners claim that they are providing medical services to patients cannot be accepted. In the absence of a valid medical qualification, no one can be permitted to play with the life and health of gullible persons.

6. Writ petition thus fails and is dismissed. Secretary, Department of Medical Health and Family Welfare, Uttarakhand is directed to take necessary steps to ensure that no person without a valid medical qualification practices medicine in the State.

(Manoj Kumar Tiwari, J.)

20.6.2024

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