- (1.) ISSUE notice to all the respondents within a week.
(2.) AT this stage, the respondents may not appear in the proceedings in person. They are permitted to enter appearance through counsel. It is submitted by the counsel for the petitioner that in pursuance to the directions issued by the Supreme Court in D.K. Joshi Vs. State of U.P. and others [2000 (5) SCC 89] decided 24.4.2000, in respect of which the Supreme Court had subsequently given permission to the applicant to approach the High Court, this Court has issued several directions for identifying the unqualified and unregistered medical practitioners. In order to identify these persons, directions were issued by this Court, to get all the qualified medical practitioners, registered with the Chief Medical Officer. In the matter, an appeal was filed against the order of the High Court, in which the Supreme Court has interfered only to the effect that the authorized medical practitioners registered with the Chief Medical Officer will not be required to renew their registration every year. Learned counsel for the petitioner submits that D.K. Joshi's case was initiated from District Agra.? He had applied and received information from the Chief Medical Officer/Information Officer, Agra on 4.6.2011, that in the year 2011, 91 unauthorized medical practitioners were identified, whereas action was taken? only against 14, persons? and 15 nursing homes.? The report was sent to the police against all these persons. A? list? of these 91 persons is enclosed at page 66 to 72 of the paper book? of this petition.? The Supreme Court in D.K. Joshi's case? had issued directions as follows:- "The Secretary, Health and Family Welfare Department, State of U.P. shall take such steps as may be necessary to stop carrying on medical profession in the State of U.P. by persons who are unqualified/unregistered and in addition shall take followings steps : (i)? All District Magistrates and the Chief Medical Officers of the State shall be directed to identify, within a time limit to be fixed by the Secretary, all unqualified/unregistered medical practitioners and to initiate legal actions against these persons immediately; (ii)? Direct all District Magistrates and the Chief Medical Officers to monitor all legal proceedings initiated against such persons; (iii)? The Secretary, Health and Family Welfare Department shall give due publicity of the names of such unqualified/unregistered medical practitioners so that people do not approach such persons for medical treatment. (iv) The Secretary, Health and Family Welfare Department shall monitor the actions taken by all District Magistrates and all Chief Medical Officers of the State and issue necessary directions from time to time to these officers so that such unauthorised persons cannot pursue their medical profession in the State." A contempt petition No. 292 of 01? was filed by Sri Rajesh Kumar Srivastava, in which the Supreme Court allowed the applicant to move the High Court for appropriate relief.
(3.) THE directions of the Supreme Court were reiterated by this Court by which the District Magistrates and Chief Medical Officers of all the Districts were required to identify the unqualified/unregistered medical practitioners, and to initiate legal actions against them immediately. They were also directed to monitor? all legal proceedings against such persons. Prima facie, I find substance in the contempt application that out of 91 unqualified and unregistered medical practitioners identified in the year 2011, action has been taken only against 11persons, and that 15 clinics were closed. The menace of such unqualified and unregistered medical practitioners is a biggest threat to public health. Such persons having no medical qualification are openly practicing? medicine, and creating serious public health and human right issue.;