RAJESH KUMAR SRIVASTAVA Vs. A P VERMA

JUDGEMENT

(1.) Heard counsel for petitioner and Sri R.B. Pradhan, learned standing counsel, Sri Pankaj Naqvi, Sri Dinesh Kackker for interveners, Sri Rakesh Kumar Mittal, Principal Secretary, Medical Health and Family Welfare Government of U.P., Lucknow and Dr. Amrendra Singh, Director, Medical Care, Government of U.P., Lucknow are present in Court.

(2.) A XIIIth supplementary-affidavit of Sri Rakesh Kumar Mittal, Principal Secretary, Medical Health and Family Welfare Department, Government of U.P. dated 15.1.2004, has been filed today, annexing Government orders dated 1.12.2003, 8.1.2004 and 12.1.2004 issued by him directing all the District Magistrates, the Superintendent and Senior Superintendents of Police, and the Chief Medical Officers in U.P. to take action in pursuance of order of Supreme Court in D.K. Joshi's case dated 25.9.2000 and in this Contempt Petition No. 820 of 2002, between Rajesh Kumar Srivastava v. A.P. Verma, the then Chief Secretary, U.P. and Ors. ; to identify the unauthorised and unregistered medical practitioners and to submit fresh list of such persons to the State Government, to Initiate prosecution and to take effective steps to stop unauthorised medical practice by such persons. A letter dated 12.1.2004 of Shri Rakesh Kumar Mittal requires Principal Secretary, Home Government of U.P. to issue directions to all Superintendent of Police/Senior Superintendent of Police to effectively represent the State Government in Contempt Petition No. 820 of 2002. Annexure-5 is a list of number of unauthorized medical practitioners identified so far in State ; the number of F.I.Rs. lodged, and number of cases in which the charge-sheets has been submitted in Court. This list provides information from all the 70 districts in the State of U.P. except District Sant Ravidas Nagar. The respondents have so far, in last two years since these proceedings were initiated, identified 18,856 persons practicing without any valid registration in the State of U.P. First information reports have been lodged against 4,381 such persons and charges-sheets have been submitted in 440 cases.

(3.) In D.K. Joshi v. State of U.P., 2000 (3) AWC 1845 (SC) : 2000 (5) SCC 80, decided on 25th April, 2000, it was found by Supreme Court that the Indian Medical Council in its letter dated 3.5.1991 apprised the Secretary Medical Health, U.P. of the problem of unauthorised medical practice in the State. The Secretary was requested that the "public may be relieved by taking strict action against unqualified/ unregistered practitioners, and institutions which are providing Illegal degrees in the Indian System of Medicine." The State Government was also concerned and that as far back as on 2.12.1995, the Secretary, Health and Welfare Department, U.P., addressed a letter to all the District Magistrates and Chief Medical Officers of the State, drawing their attention to the legal provisions for taking appropriate action against such persons. In this letter attention was drawn to Section 15 of the Indian Medical Council Act, 1956, Section 17 of the Indian Medicine Central Council Act, 1970, and Section 30 of the United Provinces Medical Act, 1971. The District Magistrates and Chief Medical Officers were also advised how to initiate action against these unauthorised persons. The Supreme Court observed in para 4 of the report as follows : "It is distressing to note that in spite of the above direction of the State Government, the District Magistrates and the Chief Medical Officers did not take effective steps to stop this menace which is hazardous to human life. As indicated above, the Chief Medical Officers only forwarded the names of such unauthorised medical practitioners to the District Magistrates and no follow up action was taken."