A.M. THANGAMURUGAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners, who are unqualified medical practitioners claim to have made a common representation dated 05.12.2016 to the Government of Tamil Nadu, represented by its Commissioner and Secretary, Health and Family Welfare Department seeking to grant permission to practice medicine for their livelihood so as to avoid coercive action and arrest by the Police Authorities, which lowers their image before the people of their locality. In support of the said claim, it is portrayed as if the State Government on the directions of the Central Government is contemplating to regularize their practice and till a final decision is taken in this regard their practice should not be interrupted by any of the law enforcing agencies.

(2.) The First Respondent has filed Counter Affidavit dated 15.04.2019 opposing the Writ Petitions contending inter alia that the provisions under Indian Medical Council Act , 1956, strictly require only persons whose name has been registered in the medical register of the concerned State Medical Council alone could practice medicine, meaning thereby that practice by persons without such registration entails penal consequences including imprisonment and fine, apart from taking measures to prevent such malpractice.

(3.) Heard Mr. C. Yokesh. Learned Counsel for the Petitioners, Mr. J. Madanagopal Rao, Learned Central Government Standing Counsel appearing on behalf of the First Respondent and Mr. R. Venkatesh, Learned Government Advocate appearing on behalf of the Second to Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.