Fake Doctors Are Menace To Society, Practicing Allopathy After Diploma In Indian System Of Medicine Serious Issue: Madras High Court

Justice Murali Shankar noted that fake doctors were a menace to society and the government was expected to deal with them with iron hands. The court however lamented that instead of taking action, the police remained mute spectators and got themselves satisfied with the imposition of fine.

“Fake Doctors are menace to society. Some persons by calling themselves as Medical Practitioners with the help of Diploma certificate issued under various other Indian Systems of Medicine and practicing Allopathy system of Medicine is a serious issue and such pseudo doctors are playing with the life of innocent people, who are coming to them believing that they are genuine Doctors. The Government through the official respondents are duty bound to deal with such persons with iron hands,” the court said.

The court made the observations in a petition filed by Amrithlal, who was running two businesses – “Surya Nursing Home” and “AMK Medical Shop”. Amrithlal had filed the petition challenging the Director of Public Health and Preventive Medicine order, refusing to refund a fine amount collected from him.

The State responded to the petition and submitted that the officials, nominated by the state to implement the Government Order to prevent the outbreak of corona, had inspected the nursing home and had imposed a fine for not obliging with the guidelines issued by the State for controlling the spread of Corona. The State also produced letters from authorities and photographs taken during the inspection.

Amrithlal however argued that the entire inspection was a drama demonstrated by the authorities for grabbing money from him illegally after he refused to pay 1 Lakh demanded by the Health Inspector. He added that he had not disclosed this illegal demand of money in the interest of family members of the authorities.

The court, however, found it very hard to believe and agreed with the authorities that the allegation of illegal demand of money was a mere afterthought. The court noted that the fine was imposed for a failure to comply with the requirements issued by the State to prevent the spread of Covid-19.

The court added that Amrithlal had failed to show that he had followed the guidelines in the nursing home at the time of inspection and thus the levy of fine could not be faulted with. The court was thus not inclined to order the refund of the penalty amount.

During the proceedings, the court also took note of a report of the Deputy Director of Health Services stating that some persons were giving Allopathy treatment to patients without necessary qualifications and the petitioner was also one of them.

Upon being informed that the respondent authorities had not taken any action against Amrithlal despite knowing that he was giving allopathy treatment without qualification, the court expressed its dissatisfaction with the authorities' conduct. The court also directed the authorities to ascertain if Amrithlal and others working in the Nursing Home had the required qualifications and to take appropriate action otherwise.

Counsel for Petitioner: Mr. G. Thalaimutharasu

Counsel for Respondents: Mr. A. K. Manikkam, Special Government Pleader

Citation: 2024 LiveLaw (Mad) 316

Case Title: K Amrithalal v The Director of Public Health and Preventive Medicine

Case No: W.P(MD)No.4094 of 2021