Monday, February 1, 2021

Petition dismissed as petitioner has no required qualification: HC

Petition dismissed as petitioner has no required qualification: HC

01/02/2021

Staff Reporter Madurai

The Madurai Bench of the Madras High Court dismissed a petition filed by a man who had sought a direction to the authorities to register his clinic under the Tamil Nadu Private Clinical Establishments (Regulation) Act. He obtained a Diploma Certificate in Community Medical Services in 2005. He had set up the establishment and wanted the recognition.

The court was hearing the petition filed by K. Thangavelu who had completed a Diploma, the certificate for which was issued by the Indian Council of Medico Technicals and Health Care. The application to recognise his establishment was rejected by the Joint Director of Medical and Rural Health Services, Karur district.

The rejection was challenged.

During the course of the hearing, the Standing counsel for the Tamil Nadu Medical Council C. Karthik submitted that a registered medical practitioner is a person who possesses any of the government recognised medical qualification and was enrolled in the register of Council or Board or any other body recognised by the State.

Rule 2 (1) (i) of the Tamil Nadu Clinical Establishments (Regulation) Rules defines a doctor as a registered medical practitioner offering consultation or treatment under Allopathy or AYUSH, it was submitted. Justice G. R. Swaminathan dismissed the petition taking note of the fact that the petitioner had not acquired the required qualification in any of the mentioned systems of medicine

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