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Karnataka: In a recent decision, the Karnataka High Court has ruled against the registration of a private clinic under the Karnataka Private Medical Establishment Act 2007 (hereafter referred to as the 2007 Act) for a para-medical practitioner. The petitioner, Annaiah N, who completed a Community Medical Service (CMS) course and obtained a CMS-ED certificate, sought approval to establish Sangeetha Clinic. However, the court emphasised preventing unqualified individuals from practising medicine, particularly in rural areas.
Annaiah’s online application for registration was rejected by the authorities, citing the requirements of the 2007 Act. The petitioner argued that the act did not differentiate between medical practitioners and cited precedents where courts directed the consideration of applications from non-mainstream medical practitioners. The court, however, noted that the endorsement had already been issued in this case, distinguishing it from the cited judgments.
Highlighting the explicit provisions of the 2007 Act, the court clarified that the petitioner’s qualifications did not qualify him as a private practitioner. Section 2(k) of the act did not encompass the paramedical study the petitioner had undergone. Referring to a prior case, M.R. Mohan Bhatta v. State of Karnataka, the court upheld the endorsement under the act, emphasising that no fault could be found.
Justice M Nagaprasanna of the Karnataka High Court stated that-
“It is rather strange how the petitioner has addressed 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.”
Justice M Nagaprasanna of the Karnataka High Court rejected the writ petition filed by Annaiah N under Articles 226 and 227 of the Indian Constitution. The decision underscores the court’s commitment to ensuring that individuals without appropriate medical qualifications do not engage in medical practice, upholding the standards set by the 2007 Act.