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Madhya Pradesh High Court disposes of PIL seeking legal action against illegal medical practitioners in Shahdol district

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The Madhya Pradesh High Court has disposed of a PIL seeking legal action against illegal medical practitioners practising in Shahdol district of the state.

The Jabalpur Division Bench comprising Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla, while considering the PIL, observed that the reply was filed in 2014. Thereafter, no rejoinder has been filed by the petitioner. In view of the same, the Court deemed it proper to dispose of the plea with liberty to the petitioner to prefer a complaint to the Chief Medical and Health Officer, Shahdol, in case if his grievance has still not been ventilated. 

“The Chief Medical Health Officer, Shahdol, shall continue to take action against ineligible doctors, who are practicing without any valid registration and licence,” the order read.

The PIL was filed in 2011 by public activist and social worker Sandeep Kumar Gupta, seeking directions to the respondents, specially the District Administration Shahdol, to take legal action against illegal medical practitioners in the district. 

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The petitioner further sought direction to the respondents to prevent the medical practitioners from practicing in Shahdol district without having requisite degrees and qualifications approved by the Medical Council of India and without registration under the Act 1973. 

The petitioner also prayed that against the aforesaid medical practitioners, appropriate criminal cases may be instituted.The respondents had filed reply on April 29, 2014, stating inter alia that the petitioner has given information with regard to taking action against 18 doctors, who are illegally practicing in the district. The state government has already taken action against such medical practitioners, who were not having valid degrees in the eyes of law and were practicing. 

A Committee has been constituted, comprising the Deputy Superintendent of Police, Shahdol; Block Medical Officer and Tahsildar, Sohagpur District Shahdol, for taking action against the persons against whom allegations have been levelled by the petitioner.

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It is submitted that the complaint has been looked into by the Committee, which found that out of 18 doctors, 10 were not having any clinic and therefore, the information as provided by the petitioner is misconceived. As regards A.K. Khare and Vinay Kumar, it is found that since they did not have the requisite permission to run their clinics, the same have been directed to be shut down.

So far as the clinics run by Dr. J. Adhikari, Dr. M.K. Sen and Dr. Nasmi are concerned, they have requisite registration for practicing in Electro Homeopathy system. Although, those doctors have also not been given permission to run their clinics, but in view of the Circular of the State Government dated June 25, 2009, whereby the state government considering various pending writ petitions before the High Court and High Courts of Delhi and Calcutta, has directed that no adverse action may be taken.

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