(1.) A Public Interest Litigation was filed numbered as CWJC No. 14395 of 2004 wherein the petitioner had made a grievance that the State Government specifically the Civil Surgeons are not taking action against the quack doctors who have no requisite qualifications. On 25.11.2004 a Division Bench of this Court passed the following orders:?
(2.) IN pursuance of the aforesaid order of this Court, the Commission-cum-Secretary, Health Department issued letter no. 4 dated 7.12.2004 to all the Civil Surgeons stating therein that in pursuance of the order passed in CWJC No. 14395 of 2004 "ail Civil Surgeons are directed to comply with the direction issued by the State Government and submit a report within two months about such quack doctors who have no requisite qualifications and training and who are menace to the society. The Secretary to the Department of Health was directed to see that after submission of the report appropriate action is taken against such quack doctors". On 18th of February, 2005, the Commissioner-cum-Secretary, Health Department issued another letter to the Civil Surgeons-cum-Chiel Medical Officers in the State of Bihar stating that action should be taken in pursuance of the order passed in the writ application aforesaid, under Section 15(2)(b) of the Jndian Medical Council Act, 1956 (hereinafter referred to as the 'Act') and under Section 15(3) of the said Act which prescribes the punishment for the contravention of Section 15(2)(b) of the Act.
(3.) THE petitioners also have referred to the notification of the Government of India issued through the Central Council of Indian Medicine dated 30.10.1996 which notification reads as follows:?