Govt must identify clinics run by quacks and shut them down: Karnataka HC

Bengaluru: The High Court of Karnataka has directed the state government to immediately act against clinics run by quacks.

Justice M Nagaprasanna passed the direction while dismissing a petition filed by one A A Muralidharswamy. 

The petitioner holds an SSLC qualification along with a Diploma in Community Medical Services with Essential Drugs and started a clinic called Sri Lakshmi Clinic in Modur, Bookanakere hobli, KR Pete taluk, Mandya. 

Claiming to be practising for 15 years, he moved the court seeking a direction to accept his application for registration of his clinic under the Karnataka Private Medical Establishments Act, 2007. 

During the hearing, the matter was adjourned on three occasions to enable the petitioner to produce certificates that would depict his qualification to practice any stream of medicine. However, the petitioner failed to do so. 

"He (petitioner) is the proprietor of Lakshmi clinic, he is the administrator of Lakshmi clinic and he is a full-time employee of Lakshmi clinic. There is no other staff in the clinic," Justice Nagaprasanna observed. 

The counsel appearing for the petitioner admitted that the petitioner is only an SSLC passout and has not secured qualification in any stream, either Ayurveda, Allopathy or Unani, that would give him a right for registration under the act or rules. 

"It is these quacks, who project themselves to be doctors, are endangering the life of innocent rural people by opening clinics in remote areas and hoodwinking them. Such instances have grown exponentially, which has resulted in mushrooming of such clinics all over, opened by the persons projecting themselves to be doctors.

It is un-understandable as to how the state is in blissful ignorance towards proliferation of such clinics without initiating any action. Therefore, it is for the state government to immediately act, identify such clinics and pull the curtains down of those clinics, which are run by quacks, like the case at hand, all in accordance with law," Justice Nagaprasanna said.

The court further said, "..it is plain and simple that the petitioner being an SSLC, cannot call himself a doctor, much less, practising as a doctor. Therefore, no relief of the kind that is sought by the petitioner can be granted. The registry is directed to transmit this order to the secretary of the Health and Family Welfare for appropriate action on those clinics, which are being run by persons, who are not qualified in any stream of medicine. The action taken report be filed before the registry in this court."