LexD.K. JOSHI versus STATE OF U.P. AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
D.K. JOSHI
A
v.
STATE OF U.P. AND ORS.
J
APRIL 25, 2000
[S. RAJENDRA BABU AND S.N. PHUKAN, JJ.]
B
Indian Medical Council Act, 1956-Section JS-Indian Medicine Cen-
tral Council Act, 1970-United Pmvinces Medical Act, 1917-Section 30-
Action against unauthorised and unqualified medical practitioners practicing
in Agra district U.P.-Wri.t petition for issuance of directions to curb this c
menace dismissed in limine as Chief Medical Officer was making an inquil)'-
On appeal Held, effective steps not taken to stop this menance which is
hazardous to human l{fe-Directions need to be issued in respect of entire
...J.
State as after a warning the unauthorised practitioners have shifted to other
districts-State Government directed to take necessary steps and further steps
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suggested.
The appellant had filed a writ petition before the High Court for
issuance of directions to the respondents for taking action against unquali-
tied and unregistered medical practitioners in the district of Agra. The
Indian Medical Council and the State Government had also shown concern
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against this menace. High Court, however, dismissed the writ petition in
limine as the Chief Medical Officer was making an inquiry into the matter.
Hence this appeal.
Allowing the appeal, the Court
F
...,,.
HELD : 1. It is distressing to note that inspite of the directions of the
State Government, the District Magistrates and the Chief Medical Officers
did not take effective steps to stop the menace of unqualified/unregistered
doctors practising which is hazardous to human life. Only the names of
such unauthorised Medical practitioners were forwarded to the District
G
Magistrates and no follow up action was taken. Such unqualified/unregis-
l
tered doctors have shifted to other neighbouring districts after being warned
and unless directions are issued in respect of the entire State the problem
cannot be solved. [527-F-H]
2. The respondent-State shall take such steps as may be necessary to
H
~
525
A
B
c
526
SUPREME COURT REPORTS
(2000] 3 S.C.R.
curb this menace and in addition take the following steps. All District
Magistrates and the Chief Medical Officers of the State shall be directed t{)._
identify all unqualified/unregistered medical practitioners and initiate le-
gal action; Direct all District Magistrates and the Chief Medical Officers to
monitor all legal proceedings initiated against such persons; the Secretary,
Health and Family Welfare Department shall give due publicity to names of
such practitioners so that people do not approach them for medical treat-
ment; he shall also monitor the actions taken by all District Magistrates
and all Chief Medical Officers of the State and issue necessary directions
from time to time to these officers so that such unauthorised persons cannot
pursue their medical profession in the State. [528-B-D]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2016of1996.
From the Judgment and Order dated 3.5.93 of the Allahabad High Court
in C.W.P. No. Nil of 1993.
D
T.B .. Padhyay and Sanjay Parikh for the Appellant.
E
F
G
H
Subodh Markandaya, Irshad Aluned, R.B. Misra and Ms. Feroza Bana
for the Respondents.
The Judgment of the Court was delivered by
PHUKAN, J. The appellant filed a writ petition before tht: High Court
of Allahabad in public interest praying for writ of mandamus directing the
respondents to initiate action against persons who are unqualified and unreg-
istered but carrying on medical profession unauthorisedly in the district of
Agra, Uttar Pradesh. The High Court by the impugned judgment dismissed the
petition in limine with the observation that the Chief Medical Officer, Agra
would complete the inquiry which was pending in accordance with law. The
present appeal is against the said order of the High Court.
Though in the appeal, the State of U.P., the Director General, Medical
and Health Services, U.P., the Additional Director, Medical & Health, Agra
and the Chief Medical Officer, Agra have been imp leaded as respondents, only
one affidavit has been filed on behalf of all respondents by the Deputy Chief
Medical Officer, Agra. In the reply affidavit, the allegation that such unquali-
fied persons are carrying on medical profession, is not denied. However, ii has
been stated inter alia that some such unqualified medical practitioners were
identified ap.d the reports were sent to the District Magistrate. According to
D.K. JOSHI v. STATE [PHExcerpt shown. Read the full judgment & AI analysis in Lexace.