The Karnataka High Court has issued a firm directive to the state government, calling for immediate action against clinics operated by unqualified individuals who falsely present themselves as doctors. The Court stressed the urgent need to identify these clinics and shut them down, highlighting the growing threat to public health, especially in rural areas.
Justice M. Nagaprasanna, while hearing the case of a man claiming to be a doctor despite only holding an SSLC qualification, remarked:
"It is these quacks, who project themselves to be Doctors, 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."
The Court passed these observations while dismissing a petition filed by A.A. Muralidharswamy, the proprietor of "Sri Lakshmi Clinic" in Mandya district. The petitioner approached the Court seeking a direction to compel the authorities to accept his application for registering his clinic under the Karnataka Private Medical Establishments Act, 2007.
In his plea, Muralidharswamy claimed that he had secured qualifications necessary to practice alternative systems of medicine. He produced a certificate from the Indian Board of Alternative Medicine and stated that he also holds a Diploma in Community Medical Services with Essential Drugs. Based on these, he argued that his clinic was being run lawfully and should be registered.
However, the Court, after examining the submissions, noted that the petitioner had listed himself as the sole staff member of the clinic, functioning as the proprietor, administrator, and full-time medical practitioner. No other qualified personnel were employed at the establishment.
Upon inquiry, the petitioner's lawyer admitted before the Court that the petitioner was only an SSLC (Secondary School Leaving Certificate) holder and did not possess any medical qualification in any recognized stream such as Ayurveda, Allopathy, or Unani. The Court further pointed out that the only document presented — a certificate from the Indian Board of Alternative Medicine — failed to inspire confidence, as it did not mention any legitimate or verifiable medical qualification.
While the petitioner tried to rely on past orders where coordinate benches had asked the authorities to consider similar applications, the Court clarified that those cases were based on different facts. In this case, the petitioner’s lack of a basic medical qualification was undeniable.
The Court firmly held:
"It is plain and simple that the petitioner being an SSLC, cannot call himself a Doctor, much less, practicing as a Doctor. Therefore, no relief of the kind that is sought by the petitioner can be granted."
The petition was ultimately dismissed. Further, the Court directed the Registry to forward the order to the Secretary of the Health and Family Welfare Department for immediate action against clinics being run by unqualified individuals. The department has been instructed to file an action taken report before the Registry.
This judgment highlights the Karnataka High Court’s concern over the growing number of unqualified individuals operating medical clinics, especially in remote parts of the state, and the Court’s firm expectation that the government should clamp down on such illegal practices without delay.
Appearance: Advocate Naik N.R for Petitioner.
HCGP Shamanth Naik for Respondents
Case Title: Dr A A Muralidharswamy And State of Karnataka & Others
Case No: WRIT PETITION NO. 33364 OF 2024
