LI Network
Published on: December 28, 2023 at 11:50 IST
The Karnataka High Court has rejected a petition seeking to quash an endorsement by state authorities that denied issuing a registration certificate under the Karnataka Private Medical Establishments Act to an individual who pursued para-medical studies and had been practicing as a doctor for several years.
The single-judge bench, headed by Justice M Nagaprasanna, emphasized the need to put an end to individuals practicing medicine without the required qualifications, particularly those misleading rural populations.
The Court dismissed the plea filed by Dr. Annaiah N, challenging an endorsement issued by the District Health and Family Officer and Member Secretary of the Committee of Registration under the Act on September 25, 2023.
The petitioner claimed entitlement to practice medicine under the Karnataka Private Medical Establishments Act, arguing that the Act did not differentiate between medical practitioners based on qualifications.
The government countered the plea, asserting that individuals like the petitioner were practicing allopathy without the necessary qualifications.
The Court scrutinized the petitioner’s records and noted that he held a Diploma in Community Medical Services with Essential Drugs, obtained from the Indian Council of Medico Technicals and Health Care, which was identified as a para-medical course.
The bench clarified that the petitioner’s qualification did not categorize him as a ‘Private Medical Practitioner’ as defined in Section 2(k) of the Act.
The Court held that the petitioner, as a paramedical practitioner, was not entitled to registration under the Act, which is a prerequisite for the continued practice as a medical practitioner. It emphasized that he did not meet the Act’s definition of a doctor and dismissed the plea.
In its observations, the Court criticized the petitioner for claiming to be a doctor and practicing allopathy without the necessary qualifications, particularly in rural areas where such practices can mislead vulnerable populations.
Case title: Dr. Annaiah N AND State of Karnataka & others