In a ruling that upheld the government authorities’ decision to refuse registration to a private clinic located at KGF, the Karnataka High Court noted that it is time to crack down on unlicensed medical practitioners who prey on the impoverished in rural areas.
In the Kolar district, on Mini Ibrahim Road, KGF, Bangarpet taluk, Annaiah was operating a clinic under the name and style of Sangeetha Clinic. Under the Karnataka Private Medical Establishments Act, 2007, he contested the endorsement dated September 25, 2023, given by the Member Secretary of the Committee of Registration and the District Health and Family Welfare Officer. As a medical professional, the petitioner claimed to practice a variety of medical specialties.
According to the petitioner, he had completed a community medical service course — CMS course — and obtained a CMS-ED certificate from the Central Paramedical Education Board, Mumbai, which he claimed to be under the World Health Organization directive or guidelines. On the other hand, the government advocate argued that such doctors are practising allopathy medicine without there being any qualification to so practice. Justice M Nagaprasanna noted that the petitioner has a Diploma in Community Medical Services with Essential Drugs. This diploma is termed CMS-ED certificate which is a Diploma in Community Medicine Services with essential drugs and the subject that the petitioner studied is a paramedical course. The court said that the nature of the course that the petitioner had undergone does not make him a ‘Private Medical Practitioner’ as found in section 2(k) of the Karnataka Private Medical Establishments Act because the paramedical study was not the one that is found in the said section.
“Being a paramedical practitioner, he is not entitled to any registration under the Act, which is sine qua non for continuation of practice as a medical practitioner. He is not a doctor as defined under the Act. He is also not one of those practitioners as defined under the Act,” the court said. Justice Nagaprasanna further said: “It is rather strange as to how the petitioner addresses himself as a practising doctor for all these years. Time has come to pull the curtain down on such people who are practising medicine without qualification and hoodwinking poor people in rural areas.”
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